OF  THE 
UNIVERSITY 
or  ILLINOIS 


,    ^  Ms  ^^^^ 


The  Century 


OF 


Independence 


EMBRACING  A  COLLECTION,  FROM  OFFICIAL  SOURCES, 
OF  THE  MOST  IMPORTANT 


otnmtnt»  anir  Statistics 


CONNECTED  WITH  THE 


Political  History  of  America; 


ALSO,  A  CHRONOLOGICAL  RECORD  OF  THE  PRINCIPAL  EVENTS,  FROM  ITS 
DISCOVERY  TO  THE  PRESENT  TIME  -  WITH 


BIOGRAPHICAL  AND  HISTORICAL  SKETCHES. 


INDIANAPOLIS,  IND.: 
S.  L.  MARROW  &  CO. 
1876. 


Entered  according  to  Act  of  Congress,  in  the  year  1876,  by 

J.  R.  HUSSEY  &  CO., 
the  Office  of  the  Librarian  of  Congress,  at  Washington,  D.  C. 


 1 1 

stereotyped  at  PRINTED  AT  THE  LAKESIDE  PRESS*  '"^ 

Franklin  Type  Foundey,  ^  »  o  0^  ..'! 

Cincinnati.  .  Clark  and  Adams  Streets,         _  , 
 .   CHICAGO. 

IS 

-  :^ 

o  — 


CONTENTS. 


PAOR 

Confederation  of  the  Original  States.  .  .  .  ,  7 
Washington's  Acceptance  of  the  Command  of  the  Army.  .  9 

Declaration  of  Independence  11 

Articles  of  Confederation  and  Perpetual  Union  between 

the  States.  17 

Ordinance  of  1787  Relating  to  the  Government  of  the  North- 
western Territory  27 

Constitution  of  the  United  States  35 

Washington's  Address  on  Resigning  his  Commission  as 

Commander-in-Chief.  55 

Washington's  Inaugural  Address  57 

Washington's  Farewell  Address  62 

Missouri  Slavery  Compromise  of  1820   79 

Jackson's  Proclamation  to  the  South  Carolina  NuUifiers.    .  80 

Fugitive  Slave  Law  of  1850   104 

Kansas  and  Nebraska  Territorial  Act  of  1854.    .       .       .  111 

History  of  each  of  the  States  124 

Proposed  Crittenden  Compromise  152 

Lincoln's  Emancipation  Proclamation  154 

Letter  Explaining  the  Same  156 

Johnson's  Amnesty  Proclamation  161 

Impeachment  Trial  of  Andrew  Johnson.  .  .  .  .164 
Chronological  Record  of  the  Century  of  Independence.  .  185 
Presidents  and  Vice  Presidents  of  the  United  States.  .  223 
Battles  of  the  Several  Wars  of  the  United  States.  .  .  225 
Population  of  the  United  States  at  Decennial  Periods.       .  229 

Eminent  Men  and  Women  of  America  230 

Life  of  Washington,  and  Electoral  Votes  of  First  and 

Second  Terms.  238 

Life  of  John  Adams,  and  Electoral  Vote  of  Third  Term.  ,  242 
Life  of  Jefferson,  and  Electoral  Votes  of  Fourth  and  Fifth 

Terms  245 

Life  of  Madison,  and  Electoral  Votes  of  Sixth  and  Seventh 

Terms   249 

Life  of  Monroe,  and  Electoral  Votes  of  Eighth  and  Ninth 

Terms  253 

(3) 


CONTENTS. 


Term, 
and 


and 


T  ^f^^  of  John  0  Adams,  and  Electoral  Vote  of  Tenth  Term. 
lII  of  tcktran    Electoral  Votes  of  Eleventh  and 

Life  or^ftJen!^^  Ele'ctorai  Vote  of  Thirteenth  Term*. 
Life  of  Harrisonr^^^  Electoral  Vote  of  Fourteenth  Term. 

lII  of  P^olt  and  Electoral'  Vot;  of  Fifteenth  Term 
Life  of  Taylor,  and  Electoral  Vote  of  Sixteenth  Term 

£il  of  ™rTand  Ekctoral  Voie  of  Seventeenth  Term. 
Life  of  Buchanan,  and  Electoral  Vote  of  Eighteenth  T- 
Life  of  Lincoln,  and  Electoral  Votes  of  Nineteenth 
Twentieth  Terms. 

Life  ll  "and  Electoral  Votes' of  Twenly-first 

Twenty-second  Terms.  .  •  • 

Popular  vote  for  Presidents  by  States  since  18^4. 
The  Military  Government  Bill.    •  • 
Supplement  to  same,  and  Amendments. 
Amnesty  Act  of  1872.       .       •       •       •  * 
Homestead  Laws.        •       •       '  -,  m  *  -j.  '-^^  * 
Important  Statistics  of  States  and  Territories-- 

(a)  Number  of  Members  of  Congress  of  each. 

(b)  By  whom  Settled,  and  when.  ... 

(c)  Date  of  Act  Creating  each.       V.     '  ' 

(d)  Time  of  Holding  General  Elections.  . 
)e)   Senators:  Number  and  Term  of  Office.  . 
(f)  Representatives:  Number  and  Term  of  Office, 
^  ^   Time  of  Meeting  of  Legislatures.      .  • 

Governors:  Term  of  Office,  and  State  Capitals 
Wealth,  Local  Debt,  and  Taxation. 

pfSebt' from  1857  to'  1875,  July  1st,'  Annually, 
?ubUc  Debt  at  Close  of  each  Administration,  from 

1793  to  1872.       •       •  \  ' 

Statement  of  Public  Lands  and  Grants  _ 
Revenues  of  the  Government  from  1857  to  1875 
Expenditures  of  the  Government  from  1857  to 
Gold  Fluctuations  from  1852  to  IbU.  . 
Manufactures:  Value  and  Gross  Productions 
^. ,    Distribution  of  the  Currency. 
The  Civil  Rights  Bill.         .       •  • 
The  Tenure  of  Office  Bill.   .  •  .'.^ 

The  Platforms  of  Political  Parties  from  18bO. 
Civil  Service  Regulations.   .       .       •  • 


[9 

a 
(i\ 
U) 

(0 


(n) 

i 

(r) 


257 

260 
264 
267 
271 
273 
276 
279 
,  281 
284 


1875. 


289 
297 

300 
306 
311 
313 
316 
317 

318 
318 
318 
318 
,  318 
,  319 
.  319 
.  319 
.  320 
.  321 
322 


322 
322 
323 
324 
325 
325 
•327 
328 
332 
335 
356 


326- 


CONTENTS.  5 

PAQB 

Geneva  Arbitration,  San  Juan  Boundary,  Fisheries,  etc.       .  362 

Enforcement  Act  388 

Amendatory  Enforcement  Act  and  Supplement.       .       .  400 

Ku-Klux  Act   .       ,  .413 

Salary  Act  ,       ,       .       ,       .  418 

Repeal  of  Salary  Act  420 

Grant's  Veto  Message  of  The  Currency  Bill.  .  ,  .  421 
Dawes's  Compromise  Redistribution  Currency  Bill.  .       .  425 

Bankrupt  Act  as  Amended  1875   430 

The  Act  for  Resumption  of  Specie  Payment.       ,       ,       .  486 

Geneva  and  San  Juan  Awards  488 

Poland's  Gag  Law.      .       .  496 

Civil  Rights  Bill  of  1873   497 

Parliamentary  Rules.        .......  499 

Pay  of  Officers  of  the  United  States,  Civil  and  Military.    .  606 

Schedule  of  Stamp  Duty  ,  .512 

History  of  The  National  Banks.  ....  616 
History  of  Finances,  Loans,  Bonds,  Legr^  Tender  Notes, 

etc.,  of  the  Century  632 


CONFEDERATIOX  OF  THE  ORIGIXAL 
STATES. 


Ox  Mondiiy,  the  5th  of  September,  1774,  there  were 
assembled  at  Carpenter  s  Hall,  in  the  city  of  Philadelphia, 
a  number  of  men  who  had  been  chosen 'and  appointed  bv 
the  several  colonies  in  North  America  to  hold  a  Congress 
for  the  pm-pose  of  discussing  certain  grievances  imputed 
against  the  mother  country.  This  Congi-ess  resolved,  on 
the  next  day,  that  each  colony  should  have  one  vote  onlv. 
On  Tuesday,  the  2d  July,  1776,  the  Congress  resolved, 
"That  these  United  Colonies  are,  and  of  right  ought  to 
be,  Free  and  Independent  States,"  eto.,  e^c. ;  and  on 
Thm^sday,  the  4th  July,  the  whole  Declaration  of  Inde- 
pendence having  been  agreed  upm,  it  was  publicly  read 
to  the  people.  Shortly  after,  on  the  9th  September,  it 
was  resolved  that  the  words  "United  Colonies''  should  be 
no  longer  used,  and  that  the  "Uxtted  States  of  A^iee- 
ica"  should  thenceforward  be  the  style  and  title  of  the 
Union.  On  Saturday,  the  15th  November,  1777,  "Arti- 
cles of  Confederation  and  Perpetual  Union  of  the  United 
States  of  America  *'  were  agreed  to  by  the  State  delegates, 
subject  to  the  ratification  of  the  State  legislatures  severaU v. 
Eight  of  the  States  ratified  these  articles  on  the  9th  JulV, 
1778;  one  on  the  21st  July;  one  on  the  24th  July;  one 
on  the  26th  Xovember  of  the  same  year;  one  on  the  22d 
February,  1779  :  and  the  last  one  on  the  1st  March,  1781. 
Here  was  a  bond  of  imion  between  thirteen  independent 
States,  whose  delegates  in  Congress  legiskted  for  the  gen- 
eral welfare,  and  executed  ceitain  powers  so  far  as  they 
were  permitted  by  the  articles  aforesaid.  The  following 
are  the  names  of  the  Presidents  of  the  Continental  Con- 
gress from  1774  to  1788 : 

Peyton  Randolph,  Yirginia  5th  Sept.,  1774. 

Henry  ^Middleton,  South  CaroHna  22d  Oct.,  1774. 

Peyton  Eandolph,  Yirginia  10th  May,  1775. 

7 


8  COXFEDERATIOX  OF  THE  OEIGINAL  STATES. 


John  Hancock,  Massacliusetts  24tli  May,  1776 

Henry  Laurens,  South  Carolina  1st  Nov.,  1777. 

John 'Jay,  Xew  York  10th  Dec,  1778. 

Samuel  Huntmgton,  Connecticut  28th  Sept.,  1779. 

Thomas  McKean,  Delaware  10th  July,  1781. 

John  Hanson,  Maryland  5th  Nov.,  1781. 

EHas  Boudinot,  Xew  Jersev  4th     "  1782. 

Thomas  Mifflin,  Pennsylvania  3d  1783. 

Eichard  Henry  Lee,  Virginia  30th   "  1784. 

Xathaniel  Gorham,  Massachusetts  6th  Jan.,  1786. 

Arthur  St.  Clair,  Pennsvlvania  2d  Feb.,  1787. 

Cp-us  Griffin,  Yii'gmia.*.  22d  Jan.,  1788. 


The  seat  of  government  was  established  as  follows :  At 
Philadelphia,  Pa.,  commencing  September  5,  1774,  and 
May  10,  1775;  at  Baltimore,  Md.,  December  20,  1776; 
at  Philadelphia,  Pa.,  March  4,  1777;  at  Lancaster,  Pa., 
September  27,  1777;  at  York,  Pa.,  September  30,  1777; 
at  Philadelphia,  Pa.,  July  2,  1778;  at  Princeton,  X.  J., 
June  30,  1783;  at  Annapolis,  Md.,  November  26,  1783; 
at  Trenton,  X.  J.,  November  1,  1784;  and  at  New  York 
City,  N.  Y.,  January  11,  1785. 

On  the  4th  March,  1789,  the  present  Constitution,  which 
had  been  adopted  by  a  convention  and  ratified  by  the 
requisite  number  of  States,  went  into  operation. 


WASHINGTON'S  ACCEPTANCE  OF  THE 
COMMAND  OF  THE  ARMY. 


There  were  not  many  occasions  during  his  public  career 
that  Washington  was  called  upon  to  exercise  his  abilities  as 
a  writer  or  an  orator ;  but  when  such  occasion  did  occur,  he 
always  acquitted  himself  with  a  degree  of  perspicuity  and 
modesty  which  may  be  said  to  have  been  characteristic  of 
himself  alone.  The  addresses  which  follow  mark,  as  it  were, 
four  distinct  epochs  in  the  history  of  this  unexampled  man  : 
the  first,  when  he  accepted  the  command  of  the  armies  by 
which  our  national  independence  was  achieved  ;  the  second, 
when  he  surrendered  his  commission,  after  having  driven 
the  foes  of  freedom  from  his  beloved  country ;  the  third, 
when  he  assumed  the  responsible  duties  of  President,  in 
which  office  his  high  qualities  for  civil  government  were  as 
conspicuous  as  had  been  his  military  talents  in  the  field;  and 
fourth,  when  he  resigned  his  great  trust  and  took  leave  of 
the  people  in  his  imperishable  "  Farewell  Address,"  an  in- 
estimable legacy,  which  can  not  be  too  frequently  conned  by 
every  American  who  values  his  birthright. 

Washington's  election  as  commander-in-chief. 
On  the  15th  of  June,  1775,  Washington  was  unanimously 
elected  by  Congress  to  "  command  all  the  Continental  forces 
raised,  or  to  be  raised,  for  the  defense  of  American  liberty," 
and  when  he  appeared  in  his  place  the  next  day,  the  President 
of  that  body  acquainted  him  with  his  election,  in  a  well- 
timed  address,  "  and  requested  that  he  should  accept  of  that 
employment;"  to  which  Washington  replied  as  follows  : 

"  Mr.  President:  Though  I  am  truly  sensible  of  the 
high  honor  done  me,  in  this  appointment,  yet  I  feel  great 
distress,  from  consciousness  that  my  abilities  and  military 
experience  may  not  be  equal  to  the  extensive  and  impor- 
tant trust :  However,  as  the  Congress  desire  it,  I  will  enter 

(9) 


10 


Washington's  address. 


upon  the  momentous  duty,  and  exert  every  power  T  po&sess  in 
their  service,  and  for  support  of  the  glorious  cause.  I  beg 
they  will  accept  my  most  cordial  thanks  for  this  distin- 
guished testimony  of  their  approbation. 

"  But  lest  some  unlucky  event  should  happen,  unfavor- 
able to  my  reputation,  I  beg  it  may  be  remembered,  by  every 
gentleman  in  the  room,  that  I,  this  day,  declare,  with  the 
utmost  sincerity,  I  do  not  think  myself  equal  to  the  com- 
mand T  am  honored  with. 

"  As  to  pay,  sir,  I  beg  leave  to  assure  the  Congress,  that,  as 
no  pecuniary  consideration  could  have  tempted  me  to  accept 
this  arduous  employment,  at  the  expense  of  my  domestic 
ease  and  happiness,  I  do  not  wish  to  make  any  profit. from 
it.  I  will  keep  an  exact  account  of  my  expenses.  Those, 
I  doubt  not,  they  will  discharge,  and  that  is  all  I  desire." 


DECLARATION  OF  INDEPENDENCE. 


IN  CONGRESS,  TUESDAY,  JULY  4,  1776. 

^  Agreeably  to  the  order  of  the  day,  the  Congress  resolved 
Itself  into  a  committee  of  the  whole,  to  take  into  their 
•  further  consideration  the  Declaration;  and,  after  some 
time,  the  President  resumed  the  chair,  and  Mr.  Farrison 
reported  that  the  Committee  had  agreed  to  a  Declaration, 
which  they  desired  him  to  report.  (The  committee  con- 
gsted  of  Jefferson,  Franklin,  John  Adams,  Sherman,  and 
K.  K.  Ldvingston.) 

The  Declaration,  being  read,  was  agreed  to  as  follows; 

A    DEOX.  ARATIOlSr 

BY   THE    REPEESENTATIVES    OF    THE    UNITED    STATES  OF 
AMERICA,  IN  CONGRESS  ASSEMBLED. 

When,  in  the  course  of  human  events,  it  becomes  neces- 
sary for  one  people  to  dissolve  the  political  bands  which 
have  connected  them  with  another,  and  to  assume  amono- 
the  powers  of  the  earth  the  separate  and  equal  station  tS 
which  the  laws  of  nature  and  of  nature's  God  entitle  them 
a  decent  respect  for  the  opinions  of  mankind  requires  that 
they  should  declare  the  causes  which  impel  them  to  the 
separation. 

We  hold  these  truths  to  be  self-evident:  that  all  men 
are  created  equal;  that  they  are  endowed  by  their  Creator 
with  certain  inalienable  rights ;  that  among  these  are  life 
liberty,  and  the  pursuit  of  happiness.  That,  to  secure 
these  rights,  governments  are  instituted  among  men,  deriv- 
ing their  just  powers  from  the  consent  of  the  governed ; 
that,  whenever  any  form  of  government  becomes  destruc- 
tive of  these  ends,  it  is  the  right  of  the  people  to  alter 
or  to  abolish  it,  and  to  institute  a  new  government,  laying 
Its  foundation  on  such  principles,  and  organizing  its  powera 

11 


u 


DECLARATION  OF  mDEPENDENCE. 


in  such  form,  as  to  tliem  shall  seem  most  likely^  to  effect 
their  safety  and  happiness.  Prudence,  indeed,  will  dictate 
that  governments  long  established  should  not  be  changed 
for  light  and  transient  causes ;  and,  accordingly,  all  expe- 
rience hath  shown  that  mankind  are  more  disposed  to  suffer, 
while  evils  are  sufferable,  than  to  right  themselves  by 
abolishing  the  forms  to  which  they  are  accustomed.  But, 
when  a  long  train  of  abuses  and  usurpations,  pursuing 
invariably  the  same  object,  evinces  a  design  to  reduce 
them  under  absolute  despotism,  it  is  their  right,  it  is  their 
duty,  to  throw  off  such  government,  and  to  provide  new 
guards  for  their  future  security.  Such  has  been  the 
patient  sufferance  of  these  colonies,  and  such  is  now  the 
necessity  which  constrains  them  to  alter  their  former  sys- 
tems of  government.  The  history  of  the  present  King  of 
Great  Britain  is  a  history  of  repeated  hijuries  and  usur- 
pations, all  having  in  direct  object  the  establishment  of 
an  absolute  tyranny  over  these  States.  To  prove  this,  let 
facts  be  submitted  to  a  candid  world : 

He  has  refused  his  assent  to  laws  the  most  wholesome 
and  necessary  for  the  public  good. 

He  has  forbidden  his  Governors  to  pass  laws  of  imme 
diate  and  pressing  importance,  unless  suspended  in  their 
operation  till  his  assent  should  be  obtained ;  and,  wlien  so 
suspended,  he  has  utterly  neglected  to  attend  to  them. 

He  has  refused  to  pass  other  laws  for  the  accommodation 
of  large  districts  of  people  unless  those  people  would 
relinquish  the  right  of  representation  in  the  legislature  — 
a  right  inestimable  to  them,  and  formidable  to  tyrants 
only. 

He  has  called  together  legislative  bodies  at  places  un- 
usual, uncomfortable,  and  distant  from  the  depository  of 
their  public  records,  for  the  sole  purpose  of  fatiguing  them 
into  compliance  with  his  measures. 

He  has  dissolved  representative  houses  repeatedly  for 
opposing,  with  manly  firmness,  his  invasions  on  the  rights 
of  the  people. 

He  has  refused,  for  a  long  time  after  such  dissolutions, 
to  cause  others  to  be  elected;  whereby  the  legislative 
powers,  incapable  of  annihilation,  have  returned  to  the 


DECLAKATION  OF  INDErENDENCE. 


13 


people  at  large  for  their  exercise,  the  State  reniainiDg,  in 
the  mean  time,  exposed  to  all  the  danger  of  invasion  from 
without,  and  convulsions  within. 

He  has  endeavored  to  prevent  the  population  of  these 
States ;  for^  that  purpose,  obstructing  the  laws  for  natural- 
ization of  foreigners ;  refusing  to  pass  others  to  encourage 
their  emigration  hither,  and  raising  the  conditions  of  new 
appropriations  of  lands. 

He  has  obstructed  the  administration  of  justice,  by  re- 
fusing his  assent  to  laws  for  establishing  judiciary  powers. 

He  has  made  judges  dependent  on  his  will  alone  for  the 
tenure  of  their  offices  and  the  amount  and  payment  of 
their  salaries. 

He  has  erected  a  multitude  of  new  offices,  and  sent 
hither  swarms  of  officers  to  harass  our  people,  and  eat  out 
their  substance. 

He  has  kept  among  us,  in  times  of  peace,  standing 
armies,  without  the  consent  of  our  legislature. 

He  has  affected  to  render  the  military  independent  of, 
and  superior  to,  the  civil  power. 

_  He  has  combined,  with  others,  to  subject  us  to  a  juris- 
diction foreign  to  our  constitution,  and  unacknowledged 
by  our  laws  ;  giving  his  assent  to  their  acts  of  pretended 
legislation : 

For  quartering  large  bodies  of  armed  troops  among  us; 

For  protecting  them,  by  mock  trial,  from  punishment, 
for  any  murders  which  they  should  commit  on  the  inhab- 
itants of  these  States ; 

For  cutting  off  our  trade  with  all  parts  of  the  world  ; 

For  imposing  taxes  on  us  without  our  consent; 

For  depriving  us,  in  many  cases,  of  the  benefits  of  trial 
by  jury ; 

For  transporting  us  beyond  seas  to  be  tried  for  pre- 
tended offenses; 

For  abolishing  the  free  system  of  English  laws  in  a 
neighboring  province,  establishing  therein  an  arbitrary 
government,  and  enlarging  its  boundaries,  so  as  to  render 
it  at  once  an  exam.ple  and  fit  instrument  for  introduciuo- 
*he  same  absolute  rule  into  these  colonies ; 

For  taking  away  our  charters,  abolishing  our  most  val- 


14 


DECLARATION  OF  INDEPENDENCE. 


uable  laws,  and  altering,  fundamentally,  the  powers  of  our 
governments; 

For  suspending  our  own  legislature,  and  declarmg  them- 
selves invested  with  power  to  legislate  for  us  in  all  cases 
whatsoever. 

He  has  abdicated  government  here,  by  declaring  us  out 
of  his  protection,  and  waging  war  against  us. 

He  has  plundered  our  seas,  ravaged  our  coast,  burnt  our 
towns,  and  destroyed  the  lives  of  our  people. 

He  is,  at  this  time,  transporting  large  armies  of  foreign 
mercenaries  to  complete  the  works  of  death,  desolation, 
and  tyranny,  already  begun,  with  circumstances  of  cruelty 
and  perfidy,  scarcely  paralleled  in  the  most  barbarous 
ages,  and  totally  unworthy  the  head  of  a  civilized  nation. 

He  has  constrained  our  fellow-citizens,  taken  captive  on 
the  high  seas,  to  bear  arms  against  their  country,  to  be- 
come the  executioners  of  their  friends  and  brethren,  or  to 
fall  themselves  by  their  hands. 

He  has  excited  domestic  insurrections  amongst  us,  and 
has  endeavored  to  bring  on  the  inhabitants  of  our  frontiers 
the  merciless  Indian  savages,  whose  known  rule  of  war- 
fare is  an  undistinguished  destruction,  of  all  ages,  sexes, 
and  conditions.  •  •  ^ 

In  every  stage  of  these  oppressions,  we  have  petitioned 
for  redress,  in  the  most  humble  terms  ;  our  repeated  peti- 
tions have  been  answered  only  by  repeated  injury.  _  A 
prince,  whose  character  is  thus  marked  by  every  act  which 
may  define  a  tyrant,  is  unfit  to  be  the  ruler  of  a  free 

people.  -D  •  •  1, 

Nor  have  we  been  wanting  in  attention  to  our  British 
brethren.  We  have  warned  them,  from  time  to  time,  of 
attempts  made  by  their  legislature  to  extend  an  unwar- 
rantable jurisdiction  over  us.  We  have  reminded  them 
of  the  circumstances  of  our  emigration  and  settlement 
here.  We  have  appealed  to  their  native  justice  and  mag- 
nanimity, and  we  have  conjured  them  by  the  ties  of  our 
common  kindred,  to  disavow  these  usurpations,  which 
would  inevitably  interrupt  our  connections  and  corres- 
pondence. They,  too,  have  been  deaf  to  the  voice ^  of  jus- 
tice and  consanguinity.    We  must,  therefore,  acquiesce  m 


DECLARATION  OF  INDEPENDENCE. 


15 


the  necessity,  which  denounces  our  geparation,  and  hold 
them,  as  we  hold  the  rest  of  mankind,  enemies  in  war  — 
in  peace,  friends. 

We,  therefore,  the  representatives  of  the  UNITED 
STATES  OF  AMERICA,  in  GENERAL  CONGRESS 
assembled,  appealing  to  the  Supreme  Judge  of  the  World 
for  the  rectitude  of  our  intentions,  do  in  the  name,  and  by 
the  authority  of  the  good  people  of  these  colonies,  sol- 
emnly pubhsh  and  declare.  That  these  United  Colonies 
are,  and  of  right  ought  to  be.  Free  and  Independent 
States  ;  that  they  are  absolved  from  all  allegiance  to  the 
British  crown,  and  that  all  political  connections  between 
them  and  the  State  of  Great  Britain  is,  and  ought  to  be, 
totally  dissolved;  and  that,  as  FREE  AND  INDE- 
PENDENT STATES,  they  have  full  power  to  levy  war, 
conclude  peace,  contract  alliances,  establish  coramercCj 
and  to  do  all  other  acts  and  things  which  INDEPEND- 
ENT STATES  may  of  right  do.  And  for  the  support 
of  this  Declaration,  with  a  firm  reliance  on  the  protection 
of  DIVINE  PROVIDENCE,  we  mutually  pledge  to 
each  other,  our  lives,  our  fortunes,  and  our  sacred  honor. 


The  foregoing  Declaration  was,  by  order  of  Congress, 
engrossed,  and  signed  by  the  following  members : 


JOHN  HANCOCK. 


New  Hampshire. 


Rhode  Island, 


JOSIAH  BaRTLETT, 

William  Whipple, 
Matthew  Thornton. 


Stephen  Hopkins, 
William  Ellert. 


Massachusetts  Bay. 


New  Yorh. 


Samuel  Adams, 
John  Adams, 
Robert  Treat  Payne, 
Elbridge  Gerry. 


William  Floyd, 
Philip  Livingston, 


Francis  Lewis, 
Lewis  Morris. 


DECLARATION  OP  INDEPENDENCE, 


Connecticut. 

Roger  Sherman, 
Samuel  Huntingtoi^, 
William  Y/illiams, 
Oliver  Wolcott. 


Pennsylvania. 

Robert  Morris, 
Benjamin  Rush, 
Benjamin  Franklin, 
John  Morton, 
George  Clymer, 
James  Smith, 
George  Taylor, 
Jambs  Wilson, 
George  Ross. 


Delaware. 

CiKSAR  Rodney, 
George  Read, 
Thomas  M'Kean. 


Maryland. 

Samuel  Chase, 
William  Paca, 
Thomas  Stone, 
Charles  Carroll,  of  Car- 
roUton. 


New  Jersey. 

Richard  Stockton, 
John  Witherspoon, 
Francis  Hofkinson, 
John  Hart, 
Abraham  Clark. 

Virginia. 

George  Wythe, 
Richard  Henry  Lee, 
Thomas  Jefferson, 
Benjamin  Harrison, 
Thomas  Nelson,  Jun., 
Francis  Lightfoot  Lee, 
Carter  Braxton. 

North  Carolina. 

William  Hooper, 
Joseph  Hewes, 
John  Penn. 

South  Carolina. 

Edward  Rutledge, 
Thomas  Heyward,  Jun., 
Thomas  Lynch,  Jun., 
Arthur  Middleton. 

Georgia. 

Button  Gwinnett, 
Lyman  Hall, 
George  Walton. 


ARTICLES  OF  CONFEDERATION 

AND 

PERPETUAL  UNION  BETWEEN  THE  STATES. 


The  Articles  of  Confederation  reported  July  12,  '76,  and  debated 
from  day  to  day,  and  time  to  time,  lor  two  years  ;  were  ratified  July 
9,  '78,  by  ten  Slates ;  by  New  Jersey,  on  the  26th  of  November  of  the 
Bame  year;  and  by  Delaware,  on  the  23d  of  February  following. 
Maryland,  alone,  held  off  two  years  more,  acceding  to  them  March  1, 
'81,  and  thus  closing  the  obligation.  The  following  are  the  Articles : 

To  all  whom  these  Presents  shall  come,  We,  the  urdersigned 
Delegates  of  the  States  affixed  to  our  narfies,  send  greeting  — 
Whereas,  the  Delegates  of  the  United  States  of  America, 
in  Congress  assembled,  did,  on  the  15th  day  of  November, 
in  the  year  of  our  Lord,  1777,  and  in  the  Second  Year  of 
the  Independence  of  America,  agree  to  certain  Articles  of 
Confederation  and  Perpetual  Union  between  the  States  of 
New  Hampshire,  Massachusetts  Bay,  Rhode  Island  and 
Providence  Plantations,  Connecticut,  New  York,  New 
Jersey,  Pennsylvania,  Delaware,  Maryland,  Virginia, 
North  Carolina,  South  Carolina,"  and  Georgia,  in  the 
words  following,  viz. : 

''Articles  of  Confederation  and  Perpetual  Union  between  the 
States  of  New  Hampshire,  Massachusetts  Bay,  Rhode  Island 
and  Providence  Plantations,  Connecticut,  New  York,  New 
Jerseij,  Penmylvania,  Delaware,  Maryland,  Virginia,  North 
Carolina,  South  Carolina,  and  Georgia. 

Article  1.  The  style  of  this  Confederacy  shall  be 
"  The  United  States  of  America." 

Article  2.  Each  State  retains  its  sovereignty,  free- 
dom, and  independence,  and  every  power,  jurisdiction,  and 
right,  which  is  not  by  this  confederation  expressly  dele- 
gated to  the  United  States  in  Congress  assembled. 

Article  3.  The  said  States  hereby  severally  enter  into 
a  firm  league  of  friendship  with  each  other  for  their  com- 
2  17 


18 


ARTICLES  OF  CONFEDERATION. 


mon  defense,  tlie  security  of  their  libierties,  and  their  mu- 
tual and  general  welfare,  binding  themselves  to  assist  each 
other  against  all  force  offered  to,  or  attacks  made  upon 
them,  or  any  of  them,  on  account  of  religion,  sovereignty, 
trade,  or  any  other  pretense  whatever. 

Article  4.  The  better  to  secure  and  perpetuate  mutual 
friendship  and  intercourse  among  the  people  of  the  different 
States  in  this  Union,  the  free  inhabitants  of  each  of  these 
States — paupers,  vagabonds,  and  fugitives  from  justice  ex- 
cepted— shall  be  entitled  to  all  privileges  and  immunities 
of  free  citizens  in  the  several  States  ;  and  the  people  of 
each  State  shall  have  free  ingress  and  regress  to  and  from 
any  other  State,  and  shall  enjoy  therein  all  the  privileges 
of  trade  and  commerce,  subject  to  the  same  duties,  imposi- 
tions, and  restrictions,  as  the  inhabitants  thereof  respect- 
ively, provided  that  such  restriction  shall  not  extend  so 
far  as  to  prevent  the  removal  of  property,  imported  into 
any  State,  to  any  other  State  of  which  the  owner  is  an  in- 
habitant ;  provided,  also,  that  no  imposition,  duties  or  re- 
striction shall  be  laid  by  any  State  on  the  property  of  the 
United  States,  or  either  of  them. 

If  any  person  guilty  of  or  charged  with  treason,  felony, 
or  other  high  misdemeanor  in  any  State,  shall  flee  from 
justice,  and  be  found  in  any  of  the  United  States,  he  shall, 
upon  demand  of  the  Governor,  or  executive  power  of  the 
State  from  which  he  fled,  be  delivered  up  and  removed  to 
the  State  having  jurisdiction  of  his  offense. 

Full  faith  and  credit  shall  be  given  in  each  of  these 
States,  to  the  records,  acts,  and  judicial  proceedings  of  the 
courts  and  magistrates  of  every  other  State. 

Article  5.  For  the  more  convenient  management  of 
the  general  interest  of  the  United  States,  Delegates  shall 
be  annually  appointed,  in  such  manner  as  the  legislature 
of  each  State  shall  direct,  to  meet  in  Congress  on  the  first 
Monday  in  November,  in  every  year,  with  a  power  reserved 
to  each  State,  to  recall  its  Delegates,  or  any  of  them,  at  any 
time  within  the  year,  and  to  send  others  in  their  stead,  for 
the  remainder  of  the  year. 

No  state  shall  be  represented  in  Congress  by  less  than 
two,  nor  by  more  than  seven  members  j  and  no  person  shall 


AliTICLES  OF  CONFEDEEATION.  19 

be  capable  of  being  a  Delegate  for  more  than  three  years 
in  any  term  of  six  years ;  nor  shall  any  person,  being  a 
Delegate,  be  capable  of  holding  any  office  under  the  United 
States,  for  which  he,  or  another  for  his  benefit,  receiyea 
any  salary,,  fees,  or  emolument  of  any  kind. 

Each  State  shall  maintain  its  own  Delegates  in  any 
meeting  of  the  States,  and  while  they  act  as'members  of 
the  Committee  of  the  States. 

In  determining  questions  in  the  United  States,  in  Con- 
gress assembled,  each  State  shall  haye  one  yote. 

Freedom  of  speech  and  debate  in  Congress  shall  not  be 
impeached  or  questioned  in  any  court  or  place,  out  of  Con- 
gress, and  the  members  of  Congress  shaU  be  protected  in 
their  persons  from  arrests  and  imprisonments,  during  the 
time  of  their  going  to  and  from,  and  attendance  on  Con- 
gress, except  for  ti-eason,  felony,  or  breach  of  the  peace. 

Article  6.  Xo  State,  without  the  consent  of  the  United 
States  in  Congress  assembled,  shall  send  an  embassy  to,  or 
receiye  an  embassy  from,  or  enter  iuto  any  conference, 
agreement,  alliance,  or  treaty  with  any  King,  Prince,  or 
State ;  nor  shall  any  person  holding  any  office  of  profit  or 
tru5t  under  the  United  States,  or  any  of  them,  accept  of 
any  present,  emolument,  office  or  title  of  any  kind  what- 
eyer  from  any  King,  Prince,  or  Foreign  State  ;  nor  shall 
the  United  States  in  Congress  assembled,  or  any  of  them, 
grant  any  title  of  nobility. 

Xo  two  or  more  States  shall  enter  into  any  treaty,  con- 
federation or  alliance  whateyer  between  them,  without  the 
consent  of  the  United  States  in  Congress  assembled,  speci- 
fying accm-ately  the  pui'poses  for  which  the  same  is  to  be 
entered  into,  and  how  long  it  shall  continue. 

iNo  State  shaU  lay  any  imposts  or  duties  which  may  in- 
terfere with  any  stipulations  in  treaties,  entered  into  by 
the  United  States  in  Congress  assembled,  with  any  King, 
Prince  or  State,  in  pui'suance  of  any  treaties  already  pro- 
posed by  Congress,  to  the  Courts  of  France  and  Spain. 

Xo  yessels  of  war  shall  be  kept  up  in  time  of  peace  by 
any  State  except  such  number  only,  as  shall  be  deemed 
necessary  by  the  United  States  in  Congress  assembled,  for 
the  defense  of  such  State,  or  its  trade ;  nor  shall  any  body 


20 


ARTICLES  OP  CONFEDERATION. 


of  forces  be  kept  up  bjr  any  State,  in  time  of  peace,  except 
guch  number  only,  as  in  the  judgment  of  the  United  States 
in  Congress  assembled,  sball  be  deemed  requisite  to  gar- 
rison tbe  forts  necessary  for  the  defense  of  such  State ;  but 
every  State  shall  always  keep  up  a  well  regulated  and  dis- 
ciplined militia,  sufficiently  armed  and  accoutred,  and  shall 
provide  and  have  constantly  ready  for  use,  in  public  stores, 
a  due  number  of  field-pieces  and  tents,  and  a  proper  quan- 
tity of  arms,  ammunition,  and  camp  equipage. 

No  State  shall  engage  in  any  war  without  the  consent  of 
the  United  States  in  Congress  assembled,  unless  such  State 
be  actually  invaded  by  enemies,  or  shall  have  received  cer- 
tain advice  of  a  resolution  being  formed  by  some  nation  of 
Indians  to  invade  such  a  State,  and  the  danger  is  so  immi- 
nent as  not  to  admit  of  a  delay,  till  the  United  States  in 
Congress  assembled  can  be  consulted :  nor  shall  any  State 
grant  commissions  to  any  ships  or  vessels  of  war,  nor  let- 
ters of  marque  or  reprisal,  except  it  be  after  a  declaration 
of  war  by  the  United  States  in  Congress  assembled,  and 
then  only  against  the  Kingdom  or  State,  and  the  subjects 
thereof,  against  which  war  has  been  so  declared,  and  under 
such  regulations  as  shall  be  established  by  the  United  States 
in  Congress  assembled,  unless  such  State  be  infested  by 
pirates,  in  which  case  vessels  of  war  may  be  fitted  out  for 
that  occasion,  and  kept  so  long  as  the  danger  shall  continue, 
or  until  the  United  States  in  Congress  assembled  shall  de- 
termine otherwise. 

Aeticle  7.  When  land  forces  are  raised  by  any  State 
for  the  common  defense,  all  officers  of,  or  under  the  rank 
of  colonel,  shall  be  appointed  by  the  legislature  of  each 
State  respectively,  by  whom  such  forces  shall  be  raised,  or 
in  such  manner  as  such  State  shall  direct,  and  all  vacancies 
shall  be  filled  up  by  the  State  which  first  made  the  appoint- 
ment. 

Aeticle  8.  All  charges  of  war,  and  all  other  expenses 
that  shall  be  incurred  for  the  common  defense  or  general 
welfare,  and  allowed  by  the  United  States  in  Congress  as- 
sembled, shall  be  defrayed  out  of  a  common  treasury,  which 
shall  be  supplied  by  the  several  States,  in  proportion  to  the 
value  of  all  land  within  each  State,  granted  to  or  surveyed 


ARTICLES  OF  CONFEDERATION. 


21 


for  any  person,  as  such  land  and  the  buildings  and  improve- 
ments thereon  shall  be  estimated  according  to  such  mode  as 
the  United  States  in  Congress  assembled,  shall,  from  time 
to  time,  direct  and  appoint.  The  taxes  for  paying  that  pro- 
portion shall  be  laid  and  levied  by  the  authority  and  direc- 
tion of  the  legislatures  of  the  several  States  within  the  time 
agreed  upon  by  the  United  States  in  Congress  assembled. 

Article  9.  The  United  States  in  Congress  assembled 
shall  have  the  sole  and  exclusive  right  and  power  of  deter- 
mining on  peace  and  war,  except  in  the  cases  mentioned  in 
the  6th  article — of  sending  and  receiving  embassadors — en- 
tering into  treaties  and  alliances,  provided  that  no  treaty 
of  commerce  shall  be  made  whereby  the  legislative  power 
of  the  respective  States  shall  be  restrained  from  imposing 
such  imposts  and  duties  on  foreigners,  as  their  own  people 
are  subjected  to,  or  from  prohibiting  the  exportation  or  im- 
portation of  any  species  of  goods  or  commodities  whatso- 
ever— of  establishing  rules  for  deciding  in  all  cases  what 
captures  on  land  or  water  shall  be  legal,  and  in  what  man- 
ner prizes  taken  by  land  or  naval  forces  in  the  service  of 
the  United  States  shall  be  divided  or  appropriated — of  grant- 
ing letters  of  marque  and  reprisal  in  times  of  peace — ap- 
pointing courts  for  the  trial  of  piracies  and  felonies  com- 
mitted on  the  high  seas  and  establishing  courts  for  receiving 
and  determining  finally  appeals  in  all  cases  of  captures,^ 
provided  that  no  member  of  Congress  shall  be  appointed  a* 
judge  of  any  of  the  said  courts. 

The  United  States  in  Congress  assembled  shall  also  be  the 
last  resort  on  appeal  in  all  disputes  and  difi'erences  now 
subsisting  or  that  hereafter  may  arise  between  two  or  more 
States, concerning  boundary,  jurisdiction,  or  any  other  cause 
whatever;  which  authority  shall  always  be  exercised  in  the 
manner  following : — Whenever  the  legislative  or  executive 
authority  or  lawful  agent  of  any  State  in  controversy  with 
another  shall  present  a  petition  to  Congress,  stating  the  mat- 
ter in  question,  and  praying  for  a  hearing,  notice  thereof  shall 
be  given  by  order  of  Congress,  to  the  legislative  or  execu- 
tive authority  of  the  other  State  in  controversy,  and  a  day  as- 
signed for  the  appearance  of  the  parties  by  their  lawful  agents, 
who  shall  then  be  directed  to  appoint,  by  joint  consent,  com- 


22 


AETICLES  OP  CONFEDERATION. 


misiioners  or  judges  to  constitute  a  court  for  hearing  and  de- 
termining the  matter  in  question :  but  if  they  can  not  agree, 
Congress  shall  name  three  persons  out  of  each  of  the  United 
States,  and  from  the  Mst  of  such  persons  each  party  shall 
alternately  strike  out  one,  the  petitioners  beginning,  until 
the  number  shall  be  reduced  to  thirteen  ;  and  from  that  num 
ber  not  less  than  seven,  nor  more  than  nine  names,  as  Con 
gress  shall  direct,  shall  in  the  presence  of  Congress  be  drawr 
out  by  lot,  and  the  persons  whose  names  shall  be  so  drawn 
or  any  five  of  them,  shall  be  commissioners  or  judges,  to 
hear  and  finally  determine  the  controversy,  so  always  as  a 
major  part  of  the  judges- who  shall  hear  the  cause  shall 
agree  in  the  determination :  and  if  either  party  shall  neg- 
lect to  attend  at  the  day  appointed,  without  showing  reasons 
which  Congress  shall  judge  sufficient,  or  being  present  shall 
refuse  to  strike,  the  Congress  shall  proceed  to  nominate  three 
persons  out  of  each  State,  and  the  Secretary  of  Congress 
shall  strike  in  behalf  of  such  party  absent  or  refusing;  and 
the  judgment  and  sentence  of  the  court  to  be  appointed, 
in  the  manner  above  prescribed,  shall  be  final  and  conclu- 
sive ;  and  if  any  of  the  parties  shall  refuse  to  submit  to  the 
authority  of  such  court,  or  to  appear  or  defend  their  claim 
or  cause,  the  court  shall,  nevertheless,  proceed  to  pronounce 
sentence  or  judgment,  which  shall  in  like  manner  be  final 
^and  decisive,  the  judgment  or  sentence  and  other  proceed- 
ings being  in  either  case  transmitted  to  Congress  and  lodged 
among  the  acts  of  Congress  for  the  security  of  the  parties 
concerned  :  provided  that  every  commissioner,  before  he  sits 
in  judgment,  shall  take  an  oath,  to  be  administered  by  one 
of  the  judges  of  the  Supreme  or  Superior  Court  of  the  State 
where  the  cause  shall  be  tried,  "well  and  truly  to  hear  and 
determine  the  matter  in  question,  according  to  the  best  of 
his  judgmejit,  without  favor,  affection,  or  hope  of  reward  :" 
provided  also  that  no  State  shall  be  deprived  of  territory 
for  the  benefit  of  the  United  States. 

All  controversies  concerning  the  private  right  of  soil 
claimed  under  different  grants  of  two  or  more  States,  whoso 
jarisdictions  as  they  may  respect  such  lands,  and  the  States 
T  hich  passed  such  grants,  are  adjusted  ;  the  said  grants  or 
aither  of  them  being  at  the  same  time  claimed,  to  have  orig- 


ARTICLES  OF  CONFEDERATION. 


23 


inated  antecedent  to  sucli  settlement  of  jurisdiction,  shall,  on 
the  petition  of  either  party  to  the  Congress  of  the  United 
States,  be  finally  determined  as  near  as  may  be  in  the  same 
manner  as  is  before  prescribed  for  deciding  disputes  respect- 
ing territorial  jurisdiction  between  different  States. 

The  United  States  in  Congress  assembled  shall  also  have 
t}».5  sole  exclusive  rigbt  and  power  of  regulating  the  alloy 
and  value  of  coin  struck  by  their  own  authority,  or  by  that 
of  the  respective  States— fixing  the  standard  of  weights  and 
measures  throughout  the  United  States— regulating  the  trade 
and  managing  all  affairs  with  the  Indians,  not  members  of 
any  of  the  States ;  provided  that  the  legislative  right  of  any 
State  within  its  own  limits  be  not  infringed  or  violated  es- 
tablishing or  regulating  post-offices  from  one  State  to  another, 
throughout  all  the  United  States,  and  exacting  such  postage 
on  the  papers  passing  through  the  same  as  may  be  requisite 
to  defray  the  expenses  of  the  said  office — appointing  all  of- 
ficers of  the  land  forces,  in  the  service  of  the  United  States, 
excepting  regimental  officers— appointing  all  the  officers  of 
the  naval  forces,  and  commissioning  all  officers  whatever  in 
the  service  of  the  United  States — making  rules  for  the  gov- 
ernment and  regulation  of  the  said  land  and  naval  forces, 
and  directing  their  operations. 

The  United  States  in  Congress  assembled  shall  have  au- 
thority to  appoint  a  committee,  to  sit  in  the  recess  of  Con- 
gress, to  be  denominated  "A  Committee  of  the  States,"  and 
to  consist  of  one  delegate  from  each  State;  and  to  appoint 
such  other  committees  and  civil  officers  as  may  be  necessary 
for  managing  the  general  affairs  of  the  United  States,  under 
their  direction — to  appoint  one  of  their  number  to  preside ; 
provided  that  no  person  be  allowed  to  serve  in  the  office  of 
president  more  than  one  year  in  any  term  of  three  years — 
to  ascertain  the  necessary  sums  of  money  to  be  raised  for 
the  service  of  the  United  States,  and  to  appropriate  and  ap- 
ply the  same  for  defraying  the  public  expenses — to  borrow 
money,  or  emit  bills  on  the  credit  of  the  United  States,  trans- 
mitting every  half  year  to  the  respective  States  an  account 
of  the  sums  of  money  so  borrowed  or  emitted — to  build  and 
equip  a  navy — to  agree  upon  the  number  of  land  forces,  and 
to  make  requisitions  from  each  State  for  its  quota,  in  pro- 


24 


ARTICLES  OF  CONFEDERATION. 


portion  to  the  number  of  wtite  inhabitants  in  such  State ; 
which  requisition  shall  be  binding;  and  thereupon  the  leg- 
islatures of  each  State  shall  appoint  the  regimental  officers, 
raise  the  men,  and  clothe,  arm,  and  equip  them  in  a  soldier- 
like manner,  at  the  expense  of  the  United  States ;  and  the 
officers  and  men  so  clothed,  armed,  and  equipped,  shall  march 
to  the  place  appointed,  and  within  the  time  agreed  on  by  the 
United  States  in  Congress  assembled ;  but  if  the  United  Statea 
in  Congress  assembled  shall,  on  consideration  of  circum- 
stances, judge  proper  that  any  State  should  not  raise  men, 
or  should  raise  a  smaller  number  than  its  quota,  and  that 
any  other  State  should  raise  a  greater  number  of  men  than 
the  quota  thereof,  such  extra  number  shall  be  raised,  offi- 
cered, clothed,  armed,  and  equipped  in  the  same  manner  as 
the  quota  of  such  State,  unless  the  legislature  of  such  state 
shall  judge  that  such  extra  number  can  not  be  safely  spared 
out  of  the  same ;  in  which  case  they  shall  raise,  officer,  clothe, 
arm,  and  equip  as  many  of  such  extra  number  as  they  judge 
can  be  safely  spared.  And  the  officers  and  men  so  clothed, 
armed,  and  equipped,  shall  march  to  the  place  appointed, 
and  within  the  time  agreed  on  by  the  United  States  in  Con- 
gress assembled. 

The  United  States  in  Congress  assembled  shall  never  en- 
gage in  a  war,  nor  grant  letters  of  marque  and  reprisal  in 
time  of  peace,  nor  enter  into  any  treaties  or  alliances,  nor 
coin  money,  nor  regulate  the  value  thereof,  nor  ascertain  the 
sums  and  expenses  necessary  for  the  defense  and  welfare  of 
the  United  States,  or  any  of  them,  nor  emit  bills,  nor  bor- 
row money  on  the  credit  of  the  United  States,  nor  appro- 
priate money,  nor  agree  upon  the  number  of  vessels  of  war 
to  be  built  or  purchased,  or  the  number  of  land  or  sea  forces 
to  be  raised,  nor  appoint  a  commander-in-chief  of  the  army 
or  navy  unless  nine  States  assent  to  the  same ;  nor  shall  a 
question  on  any  other  point,  except  for  adjourning  from  day 
to  day,  be  determined,  unless  by  the  votes  of  a  majority  of 
the  United  States  in  Congress  assembled. 

The  Congress  of  the  United  States  shall  have  power  to 
adjourn  to  any  time  within  the  year,  and  to  any  place  within 
the  United  States,  so  that  no  period  of  adjournment  be  for 
a  longer  duration  than  the  space  of  six  months,  and  shall 


ARTICLES  OP  CONFEDERATION. 


25 


publish  the  journal  of  their  proceedings  monthly,  except 
such  parts  thereof  relating  to  treaties,  alliances,  or  military 
operations,  as  in  their  judgment  require  secresy;  and  the 
yeas  and  nays  of  the  delegates  of  each  State  on  any  ques- 
tion shall  be  entered  on  the  journal  when  it  is  desired  by 
any  delegate ;  and  the  delegates  of  a  State,  or  any  of  them, 
at  his  or  their  request,  shall  be  furnished  with  a  transcript 
of  the  said  journal,  except  such  parts  as  are  above  excepted, 
to  lay  before  the  legislatures  of  the  several  States. 

Article  10.  The  committee  of  the  States,  or  any  nine 
of  them  shall  be  authorized  to  execute,  in  the  recess  of  Con- 
gress, such  of  the  powers  of  Congress  as  the  United  States 
in  Congress  assembled,  by  the  consent  of  nine  States,  shall, 
from  time  to  time,  think  expedient  to  vest  them  with;  pro- 
vided that  no  power  be  delegated  to  the  said  committee ;  for 
the  exercise  of  which,  by  the  Articles  of  Confederation,  the 
voice  of  nine  States  in  the  Congress  of  the  United  States 
assembled  is  requisite. 

Article  11.  Canada,  acceding  to  this  confederation  and 
joining  in  the  measures  of  the  United  States,  shall  be  ad- 
mitted into,  and  entitled  to  all  the  advantages  of  this  union  ; 
but  no  other  colony  shall  be  admitted  into  the  same  unless 
such  admission  be  agreed  to  by  nine  States. 

Article  12.  All  bills  of  credit  emitted,  moneys  bor- 
rowed, and  debts  contracted  by,  or  under  the  authority  of 
Congress,  before  the  assembling  of  the  United  States,  in 
pursuance  of  the  present  confederation,  shall  be  deemed 
and  considered  as  a  charge  against  the  United  States — for 
payment  and  satisfaction  whereof,  the  said  United  States 
and  the  public  faith  are  hereby  solemnly  pledged. 

Article  13.  Every  State  shall  abide  by  the  determina- 
tions of  the  United  States  in  Congress  assembled  on  all  ques- 
tions which,  by  this  confederation,  are  submitted  to  them. 
And  the  articles  of  this  confederation  shall  be  inviolably 
observed  by  every  State,  and  the  union  shall  be  perpetual  ; 
nor  shall  any  alteration  at  any  time  hereaft-er  be  made  in 
any  of  them,  unless  such  alteration  be  agreed  to  in  a  Con- 
gress of  the  United  States,  and  be  afterward  confirmed  by 
the  legislatures  of  every  State. 

And  WTiereas,  It  hath  pleased  the  Great  Governor  of  the 
3 


26 


ARTICLES  OF  CONFEDERATION. 


World  to  incline  the  hearts  of  the  legislatures  we  respect- 
ively represent  in  Congress,  to  approve  of  and  to  authorize 
us  to  ratify  the  said  Articles  of  Confederation  and  perpet- 
ual union.  Know  Ye  that  we,  the  undersigned  delegates,  by 
virtue  of  the  power  and  authority  to  us  given  for  that  pur- 
pose, do,  by  these  presents,  in  the  name  and  in  behalf  'of 
our  respective  constituents,  fully  and  entirely  ratify  and  con- 
firm each  and  every  of  the  said  Articles  of  Confederation 
and  perpetual  Union,  and  all  and  singular  the  matters  and 
things  therein  contained.  And  we  do  further  solemnly 
plight  and  engage  the  faith  of  our  respective  constituents, 
that  they  shall  abide  by  the  determinations  of  the  United 
States  in  Congress  assembled  on  all  questions  which,  by  the 
said  confederation,  are  submitted  to  them.  And  that  the 
articles  thereof  shall  be  invielably  observed  by  the  States 
we  respectively  represent,  and  that  the  union  shall  be  per- 
petual. In  witness  whereof  we  have  hereunto  set  our 
hands  in  Congress.  Done  at  Philadelphia,  in  the  State  of 
Pennsylvania,  the  9th  day  of  July,  in  the  year  of  our  Lord 
1778,  aftd  in  the  3d  year  of  the  Independence  of  America. 


ORDmMCE  OF  1787. 


IN  CONGEESS,  JULY  13,  1787. 

An  Ordinance  for  the  government  of  the  territory  of  the  United 
States,  north-west  of  the  river  Ohio.  uniioa 

hd'fl  ^t'^^'^^J  ^""'^^^  ^^^^^^  CJongress  assem- 
bled, that  the  said  Territory,  for  the  purpose  of  temporary 
government,  be  one  district ;  subject,  however,  to  be  divided 
into  two  districts,  as  future  circumstances  may,  in  the 
opinion  of  Congress,  make  it  expedient. 

Be  It  ordained,  by  the  authority  aforesaid,  that  the  estates 
both  of  resident  and  non-resident  proprietors  in  the  said 
lerritory,  dying  intestate,  shall  descend  to,  and  be  dis- 
tnbuted  among  their  children,  and  the  descendants  of 

iJ'T't  ^f^'^^  '^^^^  P^^^^'  descendants  of  a  de- 
ceased child  or  grand-child,  to  take  the  share  of  their 

there  sha  1  be  no  children  or  descendants,  then  in  equal 
parts  to  the  next  of  kin,  in  equal  degr;e ;  and  am^g 
collaterals  the  children  of  a  deceased  brothel  or  sister  of 
the  intestate  shall  have,  in  equal  parts,  among  them,  their 
deceased  parent's  share;  and  there  shall  in  no  case  be  a 
distinction  between  kindred  of  the  whole  and  half  blood  • 
saving  in  all  cases  to  the  widow  of  the  intestate  her  third 
part  of  the  real  estate  for  life,  and  one-third  part  of  the 
personal  estate ;  and  this  law  relative  to  descents  and  dower 
Bhall  remain  m  full  force  until  altered  by  the  Legislature 
of  the  district     And  until  the  Governor  and  jud|es  shall 
adopt  laws  as  hereinafter  mentioned,  estates  in  the  said  ter- 
ritory  may  be  devised  or  bequeathed  by  wills  in  writing 
signed  and  sealed  by  him  or  her,  in  whom  the  estate  may 
be  (being  of  full  age),  and  attested  by  three  witnesses;  and 
real  estates  may  be  conveyed  by  lease  or  release,  or  bargain 
and  sale,  signed,  sealed,  and  delivered  by  the  person,  being 


27 


28 


ORDINANCE  OF  1787. 


of  full  age,  in  wliom  the  estate  may,  and  attested  by  two 
witnesses,  provided  such  wills  be  duly  proved,  and  such 
c"onveyances  be  acknowledged,  or  the  execution  thereof 
duly  proved,  and  be  recorded  within  one  year  after  proper 
magistrates,  courts,  and  registers  shall  be  appointed  for 
that  purpose,  and  personal  property  may  be  transferred  by 
delivery,  saving,  however,  to  the  French  and  Canadian  in- 
habitants, and  other  settlers  of  the  Kaskaskias,  Saint  Yin- 
cents,  and  the  neighboring  villages,  who  have  heretofore 
professed  themselves  citizens  of  Virginia,  their  laws  and 
customs  now  in  force  among  them,  relative  to  descent  and 
conveyance  of  property. 

Be  it  ordained^  by  the  authority  aforesaid,  that  there 
shall  be  appointed,  from  time  to  time,  by  Congress,  a  Grov- 
ernor,  whose  commission  shall  continue  in  force  for  the 
term  of  three  years,  unless  sooner  revoked  by  Congress; 
he  shall  reside  in  the  district  and  have  a  freehold  estate 
therein,  in  one  thousand  acres  of  land,  while  in  the  exer- 
cise of  his  office.  There  shall  be  appointed,  from  time  to 
time,  by  Congress,  a  Secretary,  whose  commission  shall  con- 
tinue in  force  for  four  years,  unless  sooner  revoked ;  he 
shall  reside  therein,  and  have  a  freehold  estate  therein,  in 
five  hundred  acres  of  land,  while  in  the  exercise  of  his 
office;  it  shall  be  his  duty  to  keep  and  preserve  the  acts 
and  laws  passed  by  the  Legislature,  and  the  public  records 
of  the  district,  and  the  proceedings  of  the  Grovernor  in  his 
executive  department,  and  transmit  authentic  copies  of  such 
acts  and  proceedings,  every  six  months,  to  the  Secretary 
of  Congress.  There  shall  also  be  appointed  a  court,  to 
consist  of  three  judges,  any  two  of  whom  to  form  a  court, 
who  shall  have  a  common  law  jurisdiction,  and  reside  in  the 
district,  and  have  each  therein  a  freehold  estate  in  five 
hundred  acres  of  land,  while  in  the  exercise  of  their  offices  ; 
and  their  commissions  shall  continue  in  force  during  good 
behavior. 

The  Grovernor  and  judges,  or  a  majority  of  them,  shall 
Edopt  and  publish  in  the  district  such  laws  of  the  original 
States,  criminal  and  civil,  as  may  be  necessary,  and  best 
suited  to  the  circumstances  of  the  district,  and  report  them 
to  Congress,  from  time  to  time,  which  laws  shall  be  in  force 


ORDINANCE  OF  1787. 


29 


in  the  district  until  the  organization  of  the  General  As- 
sembly therein,  unless  disapproved  by  Congress;  but  after- 
ward, the  Legislature  shall  have  authority  to  alter  them  as 
they  shall  think  fit. 

The  Governor,  for  the  time  being,  shall  be  commander- 
in-chief  of  the  militia,  appoint  and  commission  all  officers 
in  the  same,  below  the  rank  of  general  officers.  All  gen- 
eral officers  shall  be  appointed  and  commissioned  by  Con- 
gress. 

Previous  to  the  organization  of  the  General  Assembly, 
the  Governor  shall  appoint  such  magistrates  and  other  civil 
officers,  in  each  county  or  township,  as  he  shall  find  neces- 
sary for  the  preservation  of  the  peace  and  good  order  in 
the  same.  After  the  General  Assembly  shall  be  organized, 
the  powers  and  duties  of  magistrates  and  other  civil  officers 
shall  be  regulated  and  defined  by  the  said  Assembly;  but 
all  magistrates  and  other  civil  officers,  not  herein  other- 
wise directed,  shall,  during  the  continuance  of  this  tem- 
porary government,  be  appointed  by  the  Governor. 

For  the  prevention  of  crimes  and  injuries,  the  laws  to 
be  adopted  or  made,  shall  have  force  in  all  parts  of  the 
district,  and  for  the  execution  of  process,  criminal  and  civil, 
the  Governor  shall  make  proper  divisions  thereof;  and  shall 
proceed,  from  time  to  time,  as  circumstances  may  require, 
to  lay  out  the  parts  of  the  district  in  which  the  Indian 
titles  shall  have  been  extinguished,  into  counties  and  town- 
ships, subject,  however,  to  such  alterations  as  may  here- 
after be  made  by  the  Legislature. 

^  So  soon  as  there  shall  be  five  thousand  free  male  inhab- 
itants, of  full  age,  in  the  district,  upon  giving  proof  thereof 
to  the  Governor,  they  shall  receive  authority,  with  time  and 
place,  to  elect  representatives  from  their  counties  or  town- 
ships, to  represent  them  in  the  General  Assembly;  Pro- 
vided,  That  for  every  five  hundred  free  male  inhabitants 
there  shall  be  one  representative,  and  so  on  progressively 
with  the  number  of  free  male  inhabitants,  shall  the  right 
of  representation  increase,  until  the  number  of  representa- 
tives shall  amount  to  twenty-five,  after  which  the  number 
and  proportion  of  representatives  shall  be  regulated  by  the 
Legislature;  Provided,  That  no  person  be  eligible  or  qual- 


30 


ORDINANCE  OF  1787 


ified  to  act  as  a  representative,  unless  lie  <«fi«L'  have  been  a 
citizen  of  one  of  the  United  States  three  years  and  be  a  resi- 
dent in  the  district,  or  unless  he  shall  have  resided  in  the 
district  three  years,  and  in  either  case  shall  likewise  hold 
in  his  own  right,  in  fee  simple,  two  hundred  acres  of  land 
within  the  same  ;  Provided^  also,  that  a  freehold  in  fifty 
acres  of  land  in  the  district,  having  been  a  citizen  of  one 
of  the  States,  and  being  resident  in  the  district,  or  the  like 
freehold  and  two  years'  residence  in  the  district,  shall  be 
necessary  to  qualify  a  man  as  an  elector  of  a  representative. 

The  representative  thus  elected,  shall  serve  for  the  term 
of  two  years,  and  in  case  of  the  death  of  a  representative, 
or  removal  from  office,  the  Governor  shall  issue  a  writ  to 
the  county  or  township  for  which  he  was  a  member,  to 
elect  another  in  his  stead,  to  serve  for  the  residue  of  the 
term. 

The  G-eneral  Assembly,  or  Legislature,  shall  consist  of 
the  Grovernor,  Legislative  Council,  and  a  House  of  Repre- 
sentatives. The  Legislative  Council  shall  consist  of  five 
members,  to  continue  in  office  five  years,  unless  sooner  re- 
moved by  Congress,  any  three  of  whom  to  be  a  quorum, 
and  the  members  of  the  Council,  shall  be  nominated  and 
appointed  in  the  following  manner,  to  wit:  as  soon  as  rep- 
resentatives shall  be  elected,  the  Grovernor  shall  appoint  a 
time  and  place  for  them  to  meet  together,  and,  when  met, 
they  shall  nominate  ten  persons,  residents  in  the  district, 
and  each  possessed  of  a  freehold  in  five  hundred  acres  of 
land,  and  return  their  names  to  Congress,  five  of  whom 
Congress  shall  appoint  and  commission  to  serve  as  afore- 
said ;  and  whenever  a  vacancy  shall  happen  in  the  Council, 
by  death  or  removal  from  office,  the  House  of  Representa- 
tives shall  nominate  two  persons  qualified  as  aforesaid,  for 
each  vacancy,  and  return  their  names  to  Congress,  one  of 
whom  Congress  shall  appoint  and  commission  for  the  res- 
idue of  the  term  ;  and  every  five  years,  four  months  at  least 
before  the  expiration  of  the  time  of  service  of  the  Council, 
the  said  House  shall  nominate  ten  persons  qualified  as 
aforesaid,  and  return  their  names  to  Congress,  five  of  whom 
Congress  shall  appoint  and  commission  to  serve  as  mem- 
bers of  the  Council  five  years,  unless  sooner  removed.  And 


ORDINANCE  OF  1787. 


31 


the  Grovernor,  Legislative  Council,  and  House  of  Repre- 
sentatives, shall  have  authority  to  make  laws  in  all  cases 
for  the  good  government  of  the  district,  not  repugnant  to 
the  principles  and  articles  in  this  ordinance  established  and 
declared.  And  all  bills  having  passed  by  a  majority  in  the 
House,  and  by  a  majority  in  the  Council,  shall  be  referred 
to  the  G-overnor  for  his  assent;  but  no  bill  or  legislative 
act  whatever,  shall  be  of  any  force  without  his  assent.  The 
Governor  shall  have  power  to  convene,  prorogue,  and  dis- 
solve the  assembly,  when  in  his  opinion  it  shall  be  expe- 
dient. 

The  Governor,  Judges,  Legislative  Council,  Secretary, 
and  such  other  officers  as  Congress  shall  appoint  in  the 
district,  shall  take  an  oath  or  affirmation  of  fidelity,  and 
of  office — the  Governor  before  the  President  of  Congress, 
and  all  other  officers  before  the  Governor.  As  soon  as  a 
Legislature  shall  be  formed  in  the  District,  the  Council 
and  House,  assembled  in  one  room,  shall  have  authority, 
by  joint  ballot,  to  elect  a  delegate  to  Congress,  who  shall 
have  a  seat  in  Congress,  with  the  right  of  debating,  but 
not  of  voiing^  during  this  temporary  government. 

And  for  extending  the  fundamental  principles  of  civil 
and  religious  liberty,  which  form  the  basis  whereon  these 
republics,  their  laws  and  constitutions,  are  elected;  to  fix 
and  establish  those  principles  as  the  basis  of  all  laws,  con- 
stitutions, and  governments,  which  FOREVER  hereafter  shall 
he  formed  in  the  said  Territory;  to  provide  also  for  the  es- 
tablishment of  States,  and  for  their  admission  to  a  share 
in  the  Federal  Council  on  an  equal  footing  with  the  orig- 
inal States,  at  as  early  periods  as  may  be  consistent  with 
the  general  interest: 

It  is  hereby  ordained  and  declared,  by  the  g^uthority  afore- 
said, that  the  following  articles  shall  be  considered  as  arti- 
cles of  compact  between  the  original  States  and  the  people 
and  States  in  the  said  Territory,  and  forever  remain  unal- 
terable, unless  by  common  consent ;  viz. : 

Article  I.  No  person,  demeaning  himself  in  a  peace- 
able and  orderly  manner,  shall  ever  be  molested  on  account 
of  his  mode  of  worship  or  religious  sentinlents  in  the  said 
Territory. 


32 


ORDINANCE  OP  1787. 


Art.  II.  The  inhabitants  of  the  said  Territory  shall 
always  be  entitled  to  the  benefit  of  the  writ  of  habeas 
corpus  and  of  the  trial  by  jury ;  of  a  proportionate  rep- 
resentation of  the  people  in  the  Legislature,  and  of  judi- 
cial proceedings  according  to  the  course  of  the  common 
law;  all  persons  shall  be  bailable  unless  for  capital  of- 
fenses, where  the  proof  shall  be  evident,  or  the  presump- 
tion great;  all  fines  shall  be  moderate,  and  no  cruel  or 
unusual  punishments  shall  be  inflicted;  no  man  shall  be 
deprived  of  his  liberty  or  property  but  by  the  judgment 
of  his  peers  or  the  law  of  the  land ;  and  should  the  pub- 
lic exigencies  make  it  necessary  for  the  common  preserva- 
tion to  take  any  person's  property,  or  to  demand  his  par- 
ticular services,  full  compensation  shall  be  made  for  the 
same ;  and,  in  the  just  preservation  of  rights  and  property, 
it  is  understood  and  declared,  that  no  law  ought  ever  to 
be  made,  or  have  force  in  the  said  territory,  that  shall,  in 
any  manner  whatever,  interfere  with  or  ajBFeet  private  con- 
tracts or  engagements,  bona  fide,  and,  without  fraud,  pre- 
viously formed. 

Art.  III.  Religion,  morality,  and  knowledge  being 
necessary  to  good  government  and  the  happiness  of  man- 
kind, schools  and  the  means  of  education  shall  forever 
be  encouraged.  The  utmost  good  faith  shall  always  be 
observed  toward  the  Indians;  their  lands  and  property 
shaU  never  be  taken  from  them  without  their  consent; 
and  in  their  property,  rights,  and  liberty,  they  never  shall 
be  invaded  or  disturbed,  unless  in  just  and  lawful  wars 
authorized  by  Congress ;  but  laws  founded  in  justice  and 
humanity  shall,  from  time  to  time,  be  made,  for  prevent- 
ing wrongs  being  done  to  them,  and  for  preserving  peace 
and  friendship  with  them. 

Art.  IY.  The  said  Territory,  and  the  States  which 
may  be  formed  therein,  shall  forever  remain  a  part  of  this 
Confederacy  of  the  United  States  of  America,  subject  to 
the  Articles  of  Confederation,*  and  to  such  alterations 
therein  as  shall  be  constitutionally  made;  and  to  all  the 
acts  and  ordinances  of  the  United  States  in  Congress  as- 


♦  This  ordinance  was  drawn  up  before  the  Constitution  was  formed 


ORDINANCE  OP  1787. 


33 


sembled,  conformable  thereto.  Tlie  inhabitants  and  set- 
tlers in  the  said  Territory  shall  be  subject  to  pay  a  part 
of  the  Federal  debts  contracted,  or  to  be  contracted,  and 
a  proportional  part  of  the  expenses  of  government,  to  be 
apportioned  on  them  by  Congress,  according  to  the  same 
common  rule  and  measure  by  which  apportionments  thereof 
shall  be  made  on  the  other  States ;  and  the  taxes  for  pay- 
ing their  proportion  shall  be  laid  and  levied  by  the  au- 
thority and  direction  of  the  Legislatures  of  the  District, 
or  Districts,  or  new  States,  as  in  the  original  States,  within 
the  time  agreed  upon  by  the  United  States  in  Congress 
assembled.  The  Legislatures  of  those  Districts,  or  new 
States,  shall  never  interfere  with  the  primary  disposal  of 
the  soil  by  the  United  States  in  Congress  assembled,  nor 
with  any  regulations  Congress  may  find  necessary  for  se- 
curing the  title  in  such  soil  to  the  bona  fide  purchasers. 
No  tax  shall  be  imposed  on  lands  the  property  of  the 
United  States ;  and  in  no  case  shall  non-resident  proprie- 
tors be  taxed  higher  than  residents.  The  navigable  wa- 
ters leading  into  the  Mississippi  and  St.  Lawrence,  and 
the  carrying  places  between  the  same,  shall  be  common 
highways,  and  forever  free,  as  well  to  the  inhabitants  of 
the  said  Territory  as  to  the  citizens  of  the  United  States, 
and  those  of  any  other  States  that  may  be  admitted  into 
the  confederacy,  without  any  tax,  impost,  or  duty  there- 
for. 

Art.  V.  There  shall  be  formed  in  the  said  Territory 
not  less  than  three,  nor  more  than  five  States;  and  the 
boundaries  of  the  States,  as  soon  as  Virginia  shall  alter 
her  act  of  session  and  consent  to  the^  same,  shall  become 
fixed  and  established  as  follows,  to  wit :  The  western  State 
shall  be  bounded  by  the  Mississippi,  the  Ohio,  and  Wa- 
bash Rivers;  a  direct  line  drawn  from  the  Wabash  and 
Post  Vincents  due  north  to  the  territorial  line  between 
the  United  States  and  Canada,  and  by  the  said  territorial 
line  to  the  Lake  of  the  Woods  and  Mississippi.  The 
middle  State  shall  be  bounded  by  the  said  direct  line,  the 
Wabash  from  Post  Vincents  to  the  Ohio,  by  the  Ohio,  by 
direct  line  drawn  due  north  from  the  mouth  of  the  Grreat 
Miami  to  the  said  territorial  line,  and  by  said  territorial 


34 


ORDINANCE  OF  1787. 


line.  The  eastern  State  shall  be  bounded  by  the  last  men- 
tioned direct  line,  the  Ohio,  Pennsylvania,  and  the  said 
territorial  line;  Provided,  however,  and  it  is  further  un- 
derstood and  declared,  that  the  boundaries  of  these  three 
States  shall  be  subject  so  far  to  be  altered,  and,  if  Con- 
gress shall  hereafter  find  it  expedient,  they  shall  have 
authority  to  form  one  or  two  States  in  that  part  of  th« 
said  Territory  which  lies  north  of  an  east  and  west  line 
drawn  through  the  southerly  bend  or  extreme  of  Lake 
Michigan ;  and  whenever  any  of  the  said  States  shall  have 
sixty  thousand  free  inhabitants  therein,  such  States  shall 
be  admitted,  by  their  delegates,  into  the  Congress  of  the 
United  States,  on  an  equal  footing  with  the  original  States 
in  all  respects  whatsoever;  and  shall  be  at  liberty  to  form 
a  permanent  constitution  and  State  government;  Provided, 
the  constitution  and  government  so  to  be  formed  shall  be 
republican,  and  in  conformity  to  the  principles  contained, 
in  these  articles;  and,  so  far  as  it  can  be  consistent  with 
the  general  interest  of  the  confederacy,  such  admission 
shall  be  allowed  at  an  earlier  period,  and  when  there  may 
be  a  less  number  of  free  inhabitants  in  the  State  than  sixty 
thousand. 

Art  YI.  There  shall  be  neither  slavery  nor  involun- 
tary servitude  in  the  said  Territory,  otherwise  than  in  the 
punishment  of  crimes  whereof  the  party  shall  have  been 
duly  convicted ;  Provided,  always,  that  any  person  escap- 
ing into  the  same,  from  whom  labor  or  service  is  lawfully 
claimed  in  any  of  the  original  States,  such  fugitive  may  be 
lawfully  reclaimed  and  conveyed  to  the  person  claiming  his 
or  her  labor  or  service  as  aforesaid. 

Be  it  ordained,  by*  the  authority  aforesaid,  that  the  res- 
olutions of  the  23d  of  April,  1784,  relative  to  the  subject 
-of  this  ordinance,  be,  and  the  same  are  hereby  repealed, 
and  declared  null  and  void.  ' 

Note.— By  this  ordinance,  Virginia  ceded  to  the  United  States  the 
territoiT  now  composing  the  States  of  Ohio,  Indiana,  Illinois,  W^e- 
consin,  and  Michigan,  making  the  ordinance  the  fundamental  Isva 
oi  theses  fetatea 


CONSTITUTION 

OP  THE 

UNITED  STATES  OF  AMERICA. 


We,  the  People  of  the  United  States,  in  order  to  form  a 
more  perfect  Union,  establish  justice,  insure  domestic 
tranquillity,  provide  for  the  common  defense,  promote 
the  general  welfare,  and  secure  the  blessings  of  liberty 
to  ourselves  and  our  posterity,  do  ordain  and  establish 
this  Constitution  for  the  United  States  of  America: 


ARTICLE  I. 

Section  1.  All  the  legislative  powers  herein  granted 
shall  be  vested  in  a  Congress  of  the  United  States,  which 
shall  consist  of  a  Senate  and  House  of  Representatives. 

Sec.  2.  The  House  of  Representatives  shall  be  com- 
posed of  members  chosen  every  second  year  by  the  people 
of  the  several  States ;  and  the  electors  in  each  State  shall 
have  the  qualifications  requisite  for  electors  of  the  most 
numerous  branch  of  the  State  Legislature. 

No  person  shall  be  a  Representative  who  shall  not  have 
attained  to  the  age  of  twenty-five  years,  and  been  seven 
years  a  citizen  of  the  United  States,  and  who  shall  not, 
when  elected,  be  an  inhabitant  of  that  State  in  which  he 
shall  be  chosen. 

Representatives  and  direct  taxes  shall  be  apportioned 
among  the  several  States  which  may  be  included  within 
this  Union,  according  to  their  respective  numbers,  which 
shall  be  determined  by  adding  to  the  whole  number  of 
free  persons,  including  those  bound  to  service  for  a  term 
of  years,  and  excluding  Indians  not  taxed,  three-fifths  of 
all  other  persons.    The  actual  enumeration  shall  be  made 

35 


36 


THE  CONSTITUTION. 


within  three  years  after  the  first  meeting  of  the  Congress 
of  the  United  States,  and  within  every  subsequent  term  of 
ten  years,  in  such  manner  as  they  shall  by  law  direct.  The 
number  of  Representatives  shall  not  exceed  one  for  every 
thirty  thousand,  but  each  State  shall  have  at  least  one  Rep- 
resentative ;  and  until  such  enumeration  shall  be  made,  the 
State  of  New  Hampshire  shall  be  entitled  to  choose  three, 
Massachusetts  eight,  Rhode  Island  and  Providence  Planta- 
tions one,  Connecticut  five,  New  York  six,  New  Jersey  four, 
Pennsylvania  eight,  Delaware  one,  Maryland  six,  Virginia 
ten,  North  Carolina  five.  South  Carolina  five,  and  Georgia 
three. 

When  vacancies  happen  in  the  representation  from  any 
State,  the  Executive  authority  thereof  shall  issue  Writs  of 
Election  to  fill  such  vacancies. 

The  House  of  Representatives  shall  choose  their  Speaker 
and  other  officers;  and  shall  have  the  sole  power  of  im- 
peachment. 

Sec.  3.  The  Senate  of  the  United  States  shall  be  com- 
posed of  two  Senators  from  each  State,  chosen  by  the  Leg- 
islature thereof,  for  six  years ;  and  each  Senator  shall  have 
one  vote.  ^ 

Immediately  after  they  shall  be  assembled  in  consequence 
of  the  first  election,  they  shall  be  divided  as  equally  as  may 
be  into  three  classes.  The  seats  of  the  Senators  of  the  first 
class  shall  be  vacated  at  the  expiration  of  the  second  year, 
of  the  second  class  at  the  expiration  of  the  fourth  year, 
and  of  the  third  class  at  the  expiration  of  the  sixth  year, 
so  that  one-third  may  be  chosen  every  second  year ;  and 
if  vacancies  happen  by  resignation,  or  otherwise,  during  the 
recess  of  the  Legislature  of  any  State,  the  Executive  thereof 
may  make  temporary  appointments  until  the  next  meeting 
of  the  Legislature,  which  shall  then  fill  such  vacancies. 

No  person  shall  be  a  Senator  who  shall  not  have  attained 
to  the  age  of  thirty  years,  and  been  nine  years  a  citizen  of 
the  United  States,  and  who  shall  not,  when  elected,  be  an 
inhabitant  of  that  State  for  which  he  shall  be  chosen. 

The  Vice-President  of  the  United  States  shall  be  Presi- 
dent of  the  Senate,  but  shall  have  no  vote,  unless  they  be 
equally  divided. 


THE  CONSTITUTION. 


37 


The  Senate  shall  choose  their  other  officers,  and  also  a 
President  pro  tempore,  in  the  absence  of  the  Vice-Presi- 
dent, or  when  he  shall  exercise  the  office  of  President  of 
the  United  States. 

The  Senate  shall  have  the  sole  power  to  try  all  impeach- 
ments. When  sitting  for  that  purpose,  they  shall  be  on 
oath  or  affirmation.  When  the  President  of  the  United 
States  is  t-ried,  the  Chief  Justice  shall  preside ;  and  no  per- 
son shall  be  convicted  without  the  concurrence  of  two- 
thirds  of  the  members  present. 

J udgment  in  cases  of  impeachment  shall  not  extend  fur- 
ther than  to  removal  from  office,  and  disqualification  to  hold 
and  enjoy  any  office  of  honor,  trust  or  profit  under  the 
United  States;  but  the  party  convicted  shall  nevertheless 
be  liable  and  subject  to  indictment,  trial,  judgment  and 
punishment,  according  to  law. 

^  Seo.  4.  The  times,  places,  and  manner  of  holding  elec- 
tions for  Senators  and  Representatives,  shall  be  prescribed 
in  each  State  by  the  Legislature  thereof;  but  the  Congress 
may,  at  any  time,  by  law  make  or  alter  such  regulations,  ex- 
cept as  the  places  of  choosing  Senators. 

The  Con  gress  shall  assemble  at  least  once  in  every  year, 
and  such  meeting  shall  be  on  the  first  Monday  in  Decem- 
ber, unless  they  shall  by  law  appoint  a  different  day. 

Sec.  5.  Each  House  shall  be  the  judge  of  the  elections, 
returns,  and  qualifications  of  its  own  members,  and  a  ma- 
jority of  each  shall  constitute  a  quorum  to  do  business; 
but  a  smaller  number  may  adjourn  from  day  to  day,  and 
may  be  authorized  to  compel  the  attendance  of  absent  mem- 
bers, in  such  manner  and  under  such  penalties  as  each 
House  may  provide. 

Each  House  may  determine  the  Rules  of  its  Proceedings, 
punish  its  members  for  disorderly  behavior,  and  with  the 
concurrence  of  two-thirds,  expel  a  member. 

Each  House  shall  keep  a  Journal  of  its  Proceedings,  and 
from  time  to  time  publish  the  same,  excepting  such  parts 
as  may,  in  their  judgment,  require  secrecy ;  and  the  yeas 
and  nays  of  the  members  of  either  House  on  any  question 
shall,  at  the  desire  of  one-fifth  of  those  present,  be  entered 
on  the  journal. 


38 


THE  CONSTITUTION. 


Neitter  House,  during  tlie  session  of  Congress,  shall, 
without  the  consent  of  the  other,  adjourn  for  more  than 
three  days,  nor  to  any  other  place  than  that  in  which  the 
two  Houses  shall  be  sitting. 

Sec.  6.  The  Senators  and  Representatives  shall  receive 
a  compensation  for  their  services,  to  be  ascertained  by  law 
and  paid  out  of  the  treasury  of  the  United  States.  They 
shall  in  all  cases,  except  treason,  felony,  and  breach  of  the 
peace,  be  privileged  from  arrest  during  their  attendance  at 
the  session  of  their  respective  Houses,  and  in  going  to  and 
returning  from  the  same ;  and  for  any  speech  or  debate 
in  either  House,  they  shall  not  be  questioned  in  any  other 
place. 

No  Senator  or  Representative  shall,  during  the  time  for 
which  he  was  elected,  be  appointed  to  any  civil  office  under 
the  authority  of  the  United  States,  which  shall  have  been 
created,  or  the  emoluments  whereof  shall  have  been  in- 
creased during  such  time,  and  no  person  holding  any  office 
under  the  United  States  shall  be  a  member  of  either  House 
during  his  continuance  in  office. 

Sec.  7.  All  bills  for  raising  revenue  shall  originate  in 
the  House  of  Representatives  ;  but  the  Senate  may  propose 
or  concur  with  amendments  as  on  other  bills. 

Every  bill  which  shall  have' passed  the  House  of  Repre- 
sentatives and  the  Senate,  shall,  before  it  becomes  a  law,  be 
presented  to  the  President  of  the  United  States :  If  he  ap- 
prove, he  shall  sign  it ;  but  if  not,  he  shall  return  it,  with 
his  objections,  to  that  House  in  which  it  shall  have  orig- 
inated, who  shall  enter  the  objections  at  large  on  their 
Journal,  and  proceed  to  reconsider  it.  If,  after  such  re- 
consideration, two-thirds  of  that  House  shall  agree  to  pass 
the  bill,  it  shall  be  sent,  together  with  the  objections,  to  the 
other  House,  by  which  it  shall  likewise  be  reconsidered, 
and  if  approved  by  two-thirds  of  that  House,  it  shall  be- 
come a  law.  But  in  all  such  cases  the  votes  of  both  Houses 
shall  be  determined  by  yeas  and  nays,  and  the  names  of  the 
persons  voting  for  and  against  the  bill  shall  be  entered  on 
the  Journal  of  each  House  respectively.  If  any  bill  shall 
not  be  returned  by  the  President  within  ten  days  (Sundays 
excepted)  after  it  shall  have  been  presented  to  him,  the 


THE  CONSTITUTION. 


39 


same  shall  be  a  law,  in  like  manner  as  if  lie  had  signed  it 
unless  the  Congress,  by  their  adjournment,  prevent  its  re-- 
turn,  in  which  case  it  shall  not  be  a  law. 

Every  order,  resolution,  or  vote  to  which  the  concurrence 
of  the  Senate  and  House  of  Eepresentatives  may  be  neces- 
sary (except  on  a  question  of  adjournment)  shall  be  pre- 
sented to  the  President  of  the  United  States ;  and  before 
the  same  shall  take  effect,  shall  be  approved  by  him  •  or 
being  disapproved  by  him,  shall  be  repassed  by  two-thirds 
ot  the  Senate  and  House  of  Representatives,  according  to 
the  rules  and  limitations  prescribed  in  the  case  of  a  bill. 
Sec.  8.  The  Congress  shall  have  Power — 
To  lay  and  collect  Taxes,  Duties,  Imposts  and  Excises,  to 
pay  the  debts  and  provide  for  the  common  defense  and  gen- 
eral welfare  of  the  United  States ;  but  all  Duties,  Im- 
posts and  Excises  shall  be  uniform  throughout  tHe  United 
States ; 

To  borrow  money  on  the  credit  of  the  United  States ; 

To  regulate  commerce  with  foreign  nations,  and  among 
the  several  States,  and  with  the  Indian  tribes ; 

To  establish  an  uniform  rule  of  naturalization,  and  uni- 
form laws  on  the  subject  of  bankruptcies  throughout  the 
United  States; 

To  coin  money,  regulate  the  value  thereof  and  of  foreign 
com,  and  fix  the  standard  of  weights  and  measures ; 
^  To  provide  for  the  punishment  of  counterfeiting  the  secu- 
rities and  current  coin  of  the  United  States ; 

To  establish  post-offices  and  post-roads; 

To^  promote  the  progress  of  science  and  useful  arts  by 
securing  for  limited  times  to  authors  and  inventors  the' ex- 
clusive right  to  their  respective  writings  and  discoveries ; 

To  constitute  tribunals  inferior  to  the  Supreme  Court ; 

To  define  and  punish  piracies  and  felonies  committed  on 
the  high  seas,  and  offenses  against  the  law  of  nations ; 

To  declare  war,  grant  letters  of  marque  and  reprisal,  and 
make  rules  concerning  captures  on  land  and  water; 

To  raise  and  support  armies,  but  no  appropriation  of 
money  to  that  use  shall  be  for  a  longer  term  than  two 
years ; 

To  provide  and  maintain  a  navyj 


40 


THE  CONSTITUTION. 


To  make  rules  for  the  government  and  regulation  of  the 
land  and  naval  forces  ; 

To  provide  for  calling  forth  the  militia  to  execute  the 
laws  of  the  Union,  suppress  insurrections,  and  repel  inva- 

To' provide  for  organizing,  arming,  and  disciplining  the 
militia,  and  for  governing  such  part  of  them  as  may  be  em 
ployed  in  the  service  of  the  United  States,  reserving  to  the 
States  respectively  the  appointment  of  the  officers,  and  the 
authority  of  training  the  militia  according  to  the  discipline 
prescribed  by  Congress ; 

To  exercise  exclusive  legislation,  in  all  cases  whatsoever, 
over  such  district  (not  exceeding  ten  miles  square)  as  may,  by 
cession  of  particular  States,  and  the  acceptance  of  Congress, 
become  the  Seat  of  the  Government  of  the  United  States, 
and  to  exercise  like  authority  over  all  places  purchased  by 
the  consent  of  the  Legislature  of  the  State  in  which  the 
same  shall  be,  for  the  erection  of  forts,  magazines,  arsenals, 
dock-yards,  and  other  needful  buildings ;  and 

To  make  all  laws  which  shall  be  necessary  and  proper  for 
carrying  into  execution  the  foregoing  powers,  and  all  other 
powers  vested  by  this  Constitution  in  the  Government  of 
the  United  States,  or  in  any  department  or  officer  thereof. 

Sec.  9.  The  migration  or  importation  of  such  persons 
us  any  of  the  States  now  existing  shall  think  proper  to 
admit,  shall  not  be  prohibited  by  the  Congress  prior  to  the 
year  one  thousand  eight  hundred  and  eight,  but  a  tax  or 
duty  may  be  imposed  on  such  importation,  not  exceeding 
ten  dolldfrs  for  each  person. 

The  privilege  of  the  Writ  of  Habeas  Corpus  shall  not 
be  suspended,  unless  when,  in  cases  of  rebellion  or  invasion, 
the  public  safety  may  require  it. 

No  bill  of  attainder  or  ex  post  facto  law  shall  be  passed. 

No  capitation,  or  other  direct  tax  shall  be  laid,  unless 
in  proportion  to  the  census  or  enumeration  hereinbefore 
directed  to  be  taken. 

No  tax  or  duty  shall  be  laid  on  articles  exported  from 
any  State. 

No  preference  shall  be  given  by  any  regulation  of  com- 
merce or  revenue  to  the  ports  of  one  State  over  those  of 


THE  CONSTITUTION. 


41 


another ;  nor  shall  vessels  bound  to  or  from  one  State,  be 
obliged  to  enter,  clear,  or  pay  duties  in  another. 

No  money  shall  be  drawn  from  the  treasury  but  in  con- 
sequence of  appropriations  made  by  law;  and  a  regular 
statement  and  account  of  the  receipts  and  expenditures  of 
all  public  money  shall  be  published  from  time  to  time. 

No  title  of  nobility  shall  be  granted  by  the  United  States  : 
And  no  person  holding  any  office  of  profit  or  trust  under 
them  shall,  without  the  consent  of  the  Congress,  accept  of 
any  present,  emolument,  office,  or  title,  of  any  kind  what- 
ever, from  any  king,  prince,  or  foreign  State. 

Sec.  10.  No  State  shall  enter  into  any  treaty,  alliance, 
or  confederation ;  grant  letters  of  marque  or  reprisal ;  coin 
money ;  emit  bills  of  credit ;  make  any  thing  but  gold  and 
silver  coin  a  tender  in  payment  of  debts;  pass  any  bill  of 
attainder,  ex  post  facto  law,  or  law  impairing  the  obliga- 
tion of  contracts,  or  grant  any  title  of  nobility. 

No  State  shall,  without  the  consent  of  the  Congress,  lay 
any  imposts  or  duties  on  imports  or  exports,  except  what 
may  be  absolutely  necessary  for  executing  its  inspection 
laws;  and  the  net  produce  of  all  duties  and  imposts,  laid 
by  any  State  on  imports  or  exports,  shall  be  for  the  use 
of  the  treasury  of  the  United  States;  and  all  such  laws 
shall  be  subject  to  the  revision  and  control  of  the  Con- 
gress. 

No  State  shall,  without  the  consent  of  Congress,  lay  any 
duty  of  tonnage,  keep  troops,  or  ships  of  war  in  time  of 
peace,  enter  into  any  agreement  or  compact  with  another 
State,  or  with  a  foreign  power,  or  engage  in  war,  unless 
actually  invaded,  or  in  such  imminent  danger  as  will  not 
admit  of  delay. 

ARTICLE  II. 

Section  1.  The  Executive  Power  shall  be  vested  in  a 
President  of  the  United  States  of  America.  He  shall  hold 
his  office  during  the  term  of  four  years,  and,  together  with 
the  Vice-President,  chosen  for  the  same  term,  be  elected  as 
follows : 

Each  State  shall  appoint,  in  such  manner  as  the  Legis- 
lature thereof  mav  direct,  a  number  of  electors  equal  to 
4 


42 


THE  CONSTITUTION. 


the  number  of  Senators  and  Representatives  to  whicli  the 
State  may  be  entitled  in  the  Congress ;  but  no  Senator  or 
Representative,  or  person  holding  an  office  of  trust  or  profit 
under  the  United  States,  shall  be  appointed  an  elector. 

[The  electors  shall  meet  in  their  respective  States,  and 
vote  by  ballot  for  two  persons — of  one  at  least  shall  not 
be  an  inhabitant  of  the  same  State  with  themselves.  And 
they  shall  make  a  list  of  all  the  persons  voted  for,  and  of 
the  number  of  votes  for  each;  which  list  they  shall  sign 
and  certify,  and  transmit,  sealed,  to  the  seat  of  the  Gov- 
ernment of  the  United  States,  directed  to  the  President  of 
the  Senate.  The  President  of  the  Senate  shall,  in  the  pres- 
ence of  the  Senate  and  House  of  Representatives,  open  all 
the  certificates,  and  the  votes  shall  then  be  counted.  The 
person  having  the  greatest  number  of  votes  shall  be  the 
President,  if  such  number  be  a  majority  of  the  whole  num- 
ber of  electors  appointed;  and  if  there  be  more  than  one 
who  have  such  majority,  and  have  an  equal  number  of 
votes,  then  the  House  of  Representatives  shall  immedi- 
ately choose  by  ballot  one  of  them  for  President;  and  if 
no  person  have  a  majority,  then  from  the  five  highest  on 
the  list  the  said  House  shall,  in  like  manner,  choose  the 
President.  But,  in  choosing  the  President,  the  votes  shall 
be  taken  by  States,  the  representation  from  each  State  hav- 
ing one  vote.  A  quorum  for  this  purpose  shall  consist  of 
a  member  or  members  from  two-thirds  of  the  States,  and 
a  majority  of  all  the  States  shall  be  necessary  to  a  choice. 
In  every  case,  after  the  choice  of  the  President,  the  per- 
son having  the  greatest  number  of  votes  of  the  electors 
shall  be  the  Vice-President.  But  if  there  should  remain 
two  or  more  who  have  equal  votes,  the  Senate  shall  choose 
from  them  by  ballot  the  Vice-President.*] 

The  Congress  may  determine  the  time  of  choosing  the 
electors,  and  the  day  on  which  they  shall  give  their  votes; 
which  day  shall  be  the  same  throughout  the  United  States. 

No  person,  except  a  natural  born  citizen,  or  a  citizen  of 
the  United  States  at  the  time  of  the  adoption  of  this  Con- 
stitution, shall  be  eligible  to  the  office  of  President ;  nei- 


«  This  clause  has  been  repealed  and  annuled  by  tlie  12tli  amendment. 


THE  CONSTITTJTION. 


43 


ther  shall  any  person  be  eligible  to  that  office  who  sball 
not  have  attained  to  the  age  of  tbirty-five  years,  and  been 
fourteen  years  a  resident  within  the  United  States. 

In  ease  of  the  removal  of  the  President  from  office,  or 
of  his  death,  resignation,  or  inability  to  discharge  the  pow- 
ers and  duties  of  the  said  office,  the  same  shall  devolve  on 
the  Vice-President ;  and  the  Congress  may  by  law  provide 
for  the  case  of  removal,  death,  resignation,  or  inability,  both 
of  the  President  and  Vice-President,  declaring  what  officer 
shall  then  act  as  President ;  and  such  officer  shall  act  ac- 
cordingly until  the  disability  be  removed,  or  a  President 
shall  be  elected. 

The  President  shall,  at  stated  times,  receive  for  his  serv- 
ices a  compensation,  which  shall  neither  be  increased  nor 
diminished  during  the  period  for  which  he  shall  have  been 
elected  ;  and  he  shall  not  receive  within  that  period  any 
other  emolument  from  the  United  States,  or  any  of  them. 

Before  he  enter  on  the  execution  of  his  office,  he  shall 
take  the  following  oath  or  affirmation : 

"  I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully  execute 
the  office  of  President  of  the  United  States,  and  will,  to  the  best  of 
my  ability,  preserve,  protect,  and  defend  the  Constitution  of  the 
United  States." 

Sec.  2.  The  President  shall  be  Commander-in-Chief 
of  the  Army  and  Navy  of  the  United  States,  and  of  the 
militia  of  the  several  States  when  called  into  the  actual 
service  of  the  United  States ;  he  may  require  the  opinion, 
in  writing,  of  the  principal  officer  in  each  of  the  Execu- 
tive Departments,  upon  any  subject  relating  to  the  duties 
of  their  respective  offices ;  and  he  shall  have  power  to  grant 
reprieves  and  pardons  for  offenses  against  the  United  States, 
except  in  cases  of  impeachment. 

He  shall  have  power,  by  and  with  the  advice  and  con- 
sent of  the  Senate,  to  make  treaties,  provided  two-thirds 
of  the  Senate  present  concur ;  and  he  shall  nominate,  and 
by  and  with  the  advice  and  consent  of  the  Senate,  shall 
appoint  Embassadors,  other  public  Ministers  and  Consuls, 
Judges  of  the  Supreme  Court,  and  all  other  officers  of  the 
United  States  whose  appointments  are  not  herein  otherwise 


44 


THE  CONSTITUTION. 


provided  for,  and  wHdi  shall  be  established  by  law;  but 
the  Congress  may  by  law  vest  the  appointment  of  such  in- 
ferior officers  as  they  think  proper  in  the  President  alone, 
in  the  Courts  of  Law,  or  in  the  Heads  of  Departments. 

The  President  shall  have  power  to  fill  up  all  vacancies 
that  may  happen  during  the  recess  of  the  Senate,  by  grant- 
ing commissions,  which  shall  expire  at  the  end  of  their  next 
session. 

Sec.  3.  He  shall,  from  time  to  time,  give  to  the  Congress 
information  of  the  state  of  the  Union,  and  recommend  to 
their  consideration  such  measures  as  he  shall  judge  neces- 
sary and  expedient;  he  ma^,  on  extraordinary  occasions, 
convene  both  Houses,  or  either  of  them ;  and,  in  case  of 
disagreement  between  them  with  respect  to  the  time  of 
adjournment,  he  may  adjourn  them  to  such  time  as  he 
shall  think  proper;  he  shall  receive  Embassadors  and 
other  public  Ministers;  he  shall  take  care  that  the  laws 
be  faithfully  executed,  and  shall  commission  all  the  offi- 
cers of  the  United  States. 

Sec.  4.  The  President,  Vice-President,  and  all  Civil 
Officers  of  the  United  States,  shall  be  removed  from  office 
on  impeachment  for,  and  conviction  of.  Treason,  Bribery, 
or  other  high  Crimes  and  Misdemeanors. 

ARTICLE  III. 

Section  1.  The  judicial  power  of  the  United  States 
shall  be  vested  in  one  Supreme  Court,  and  in  such  infe- 
rior Courts  as  the  Congress  may  from  time  to  time  ordain 
and  establish.  The  Judges,  both  of  the  Supreme  and  in- 
ferior courts,  shall  hold  their  offices  during  good  behavior, 
and  shall,  at  stated  times,  receive  for  their  services  a  com- 
pensation, which  shall  not  be  diminished  during  their  con- 
tinuance in  office. 

Sec.  2.  The  judicial  power  shall  extend  to  all  cases,  in 
Law  and  Equity,  arising  under  this  Constitution,  the  Laws 
of  the  United  States,  and  Treaties  made,  or  which  shall  be 
made,  under  their  authority;  to  all  cases  a£fecting  Embas- 
sadors, other  public  Ministers,  and  Consuls;  to  all  cases 
of  admiralty  and  maritime  jurisdiction ;  to  controversies  to 
which  the  United  States  shall  be  a  party ;  to  controversies 


THE  CONSTITUTION. 


45 


between  two  or  more  States ;  between  a  State  and  citizens 
of  another  State ;  between  citizens  of  different  States ;  be- 
tween citizens  of  the  same  State  claiming  lands  under  grants 
of  different  States;  and  between  a  State,  or  the  citizens 
thereof,  and  foreign  States,  citizens,  or  subjects. 

In  all  cases  affecting  Embassadors,  other  public  Minis- 
ters and  Consuls,  and  those  in  which  a  State  shall  be  a 
party,  the  Supreme  Court  shall  have  original  jurisdiction. 
In  all  the  other  cases  before  mentioned,  the  Supreme  Court 
shall  have  appellate  jurisdiction,  both  as  to  law  and  fact, 
with  such  exceptions  and  under  such  regulations  as  the 
Congress  shall  make. 

The  trial  of  all  crimes,  except  in  cases  of  Impeachment, 
shall  be  by  jury ;  and  such  trial  shall  be  held  in  the  State 
where  the  said  crimes  shall  have  been  committed ;  but  when 
not  committed  within  any  State,  the  trial  shall  be  at  such 
place  or  places  as  the  Congress  may  by  law  have  directed. 

Sec.  3.  Treason  against  the  United  States  shall  consist 
only  in  levying  war  against  them,  or  adhering  to  their  en- 
emies, giving  them  aid  and  comfort.  No  person  shall  be 
convicted  of  treason  unless  on  the  testimony  of  two  wit- 
nesses to  the  same  overt  act,  or  on  confession  in  open 
Court. 

The  Congress  shall  have  power  to  declare  the  punish- 
ment of  treason,  but  no  Attainder  of  Treason  shall  work 
corruption  of  blood,  or  forfeiture,  except  during  the  life 
of  the  person  attainted, 

ATITICLE  IV. 

Section  1.  Full  faith  and  credit  shall  be  given  in  each 
State  to  the  public  acts,  records,  and  judicial  proceedings 
of  every  other  State.  And  the  Congress  may  by  general 
laws  prescribe  the  manner  in  which  such  acts,  records,  and 
proceedings  shall  be  proved,  and  the  effect  thereof. 

Sec.  2.  The  citizens  of  each  State  shall  be  entitled  to 
all  privileges  and  immunities  of  citizens  in  the  several 
States. 

A  person  charged  in  any  State  with  treason,  felony,  or 
other  crime,  who  shall  flee  from  justice,  and  be  found  in 
another  State,  shall,  on  demand  of  the  executive  authority 


46 


THE  CONSTITUTION. 


of  the  State  from  which  he  fled,  be  delivered  up,  to  be 
removed  to  the  State  having  jurisdiction  of  the  crime. 

No  person  held  to  service  or  labor  in  one  State,  under 
the  laws  thereof,  escaping  into  another,  shall,  in  conse- 
quence of  any  law  or  regulation  therein,  be  discharged 
from  such  service  or  labor,  but  shall  be  delivered  up  on 
claim  of  the  party  to  whom  such  service  or  labor  may  be 
due. 

Sec.  3.  New  States  may  be  admitted  by  the  Congress 
into  this  Union;  but  no  new  State  shall  be  formed  or 
erected  within  the  jurisdiction  of  any  other  State ;  nor 
any  State  be  formed  by  the  junction  of  two  or  more  States 
or  parts  of  States  without  the  consent  of  the  Legislatures 
of  the  States  concerned,  as  well  as  of  the  Congress. 

The  Congress  shall  have  power  to  dispose  of  and  make  all 
needful  rules  and  regulations  respecting  the  territory  or  other 
property  belonging  to  the  United  States;  and  nothing  in 
this  Constitution  shall  be  so  construed  as  to  prejudice  any 
claims  of  the  United  States,  or  any  particular  State. 

Sec.  4.  The  United  States  shall  guarantee  to  every 
State  in  this  Union  a  republican  form  of  Grovernment,  and 
shall  protect  each  of  them  against  invasion;  and  on  applica- 
tion of  the  Legislature,  or  of  the  Executive  (when  the  Leg- 
islature can  not  be  convened),  against  domestic  violence. 

ARTICLE  V. 

The  Congress,  whenever  two-thirds  of  both  Houses  shall 
deem  it  necessary,  shall  propose  amendments  to  the  Consti- 
tution, or,  on  the  application  of  the  Legislatures  of  two- 
thirds  of  the  several  States,  shall  call  a  convention  for  pro- 
posing amendments,  which,  in  either  case,  shall  be  valid  to 
all  intents  and  purposes,  as  part  of  this  Constitution,  when 
ratified  by  the  Legislatures  of  three-fourths  of  the  several 
States,  or  by  conventions  in  three-fourths  thereof,  as  the  one 
or  the  other  mode  of  ratification  may  be  proposed  by  the 
Congress ;  Provided^  that  no  amendment  which  may  be  made 
prior  to  the  year  one  thousand  eight  hundred  and  eight  shall 
in  any  manner  aff'ect  the  first  and  fourth  clauses  in  -the  ninth 
section  of  the  first  article ;  and  that  no  State,  without  its 
consent,  shall  be  deprived  of  its  equal  suffrage  io  iW  Senate* 


THE  CONSTITUTION. 


47 


ARTICLE  VI. 

All  debts  contracted  and  engagements  entered  into  before 
tbe  adoption  of  this  Constitution,  shall  be  as  valid  against 
the  United  States,  under  this  Constitution,  as  under  the 
Confederation. 

Tliis  Constitution  and  the  la^sYs  of  the  United  States  which 
shall  be  made  in  pursuance  thereof,  and  all  Treaties  made, 
or  which  shall  be  made,  under  the  authority  of  the  United 
States,  shall  be  the  supreme  law  of  the  land ;  and  the  Judges 
in  every  State  shall  be  bound  thereby,  any  thing  in  the 
Coustitution  or  laws  of  any  State  to  the  contrary  notwith- 
standing. 

The  Senators  and  Representatives  before  mentioned,  and 
the  members  of  the  several  State  Legislatures,  and  all  ex- 
ecutive and  judicial  officers,  both  of  the  United  States  and 
of  the  several  States,  shall  be  bound  by  oath  or  affirmation 
to  support  this  Constitution  ;  but  no  religious  test  shall  ever 
be  required  as  a  qualification  to  any  office  or  public  trust 
under  the  United  States. 

ARTICLE  VII. 

The  ratification  of  the  conventions  of  nine  States  shall 
be  sufficient  for  the  establishment  of  this  Constitution  be- 
tween the  States  so  ratifying  the  same. 

Done  in  convention,  by  the  unanimous  consent  of  the 
States  present,  the  seventeenth  day  of  September,  in  the 
year  of  our  Lord  one  thousand  seven  hundred*  and  eighty- 
seven,  and  of  the  Independence  of  the  United  States  of 
America  the  twelfth.  In  Witness  whereof,  we  have  here- 
unto subscribed  our  names. 

GEO.  WASHINGTON, 
PresH  and  Deputy  from  Virginia. 

New  Hampshire, 
John  Langdon,  Nicholas  Guzman 

Massachusetts. 
Nathaniel  Gorham,  Rijftjs  Kino. 

Connecticut. 

Wm.  Saml.  Johnson,  Roger  Shermaw. 


48 


THE  CONSTITUTION. 
New  York, 


Alexander  Hamilton. 


WiL.  Livingston, 
Wm.  Paterson, 


B.  Franklin, 
RoBT.  Morris, 
Tho.  Fitzsimons, 
James  Wilson, 


Geo.  Read, 
John  Dickinson, 
Jaco.  Broom, 


Tames  M' Henry, 
)anl.  Carroll, 


John  Blair, 


Wm.  Blount, 
Hu.  Williamson, 


J.  Rtjtledgb, 
Charles  Pinoknby, 


WiLLLAM  Few, 
Attest: 


New  Jersey. 

David  Breaelet, 
JoNA.  Dayton. 

Pennsylvania. . 

Thomas  Mifflin, 
Geo.  Clymer, 
Jared  Ingersoll, 
Gouv.  Morris. 

Delaware. 

Gunning  Bedford,  Jun'e, 
Richard  Bassett. 

Maryland. 

Dan.  op  St.  Thos.  Jenifer. 

Virginia. 

James  IIadison,  Jr. 

North  Carolina. 

Rioh'd  Dobbs  Spaiqht- 

South  Carolina. 

Charles  Cotesworth  Pinokney 
Pierce  Butler. 

Georgia. 

Abe.  Baldwin. 

WDjLIAM  JACKSON,  Secretary, 


THE  CONSTITUTION. 


49 


AKTICLES, 

In  addition  to,  and  amendment  of,  the  Constitution  of  the  United 
States  of  America,  proposed  by  Congress,  and  ratified  by  the  Legis- 
latures of  the  several  States,  pursuant  to  the  fifth  article  of  the  orig- 
inal Constitution. 

ARTICLE  I. 

Congress  shall  make  no  law  respecting  an  establishnient 
of  religion,  or  prohibiting  the  free  exercise  thereof;  or 
abridging  the  freedom  of  speech  or  of  the  press ;  or  the 
right  of  the  people  peaceably  to  assemble,  and  to  petition 
the  Grovernment  for  a  redress  of  grievances. 

ARTICLE  II. 

A  well-regulated  Militia  being  necessary  to  the  security 
of  a  free  State,  the  right  of  the  people  to  keep  and  bear 
arms  shall  not  be  infringed. 

ARTICLE  III. 

No  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house,  without  the  consent  of  the  owner,  nor  in  time  of 
war,  but  in  a  manner  to  be  prescribed  by  law. 

ARTICLE  IV. 

The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers,  and  effects,  against  unreasonable  searches 
and  seizures,  shall  not  be  violated,  and  no  warrant  shall 
issue  but  upon  probable  cause,  supported  by  oath  or  affirm- 
ation, and  particularly  describing  the  place  to  be  searched, 
and  the  persons  or  things  to  be  seized. 

ARTICLE  V. 

No  person  shall  be  held  to  answer  for  a  capital,  or  other- 
wise infamous  crime,  unless  on  a  presentment  or  indictment 
of  a  G-rand  Jury,  except  in  cases  arising  in  the  land  or 
naval  forces,  or  in  the  militia,  when  in  actual  service  in 
time  of  war  or  public  danger ;  nor  shall  any  person  be  sub- 
ject for  the  same  offense  to  be  twice  put  in  jeopardy  of  life 
or  limb;  nor  shall  be  compelled  in  any  criminal  case  to  b© 
5 


50 


THE  CONSTITUTION. 


a  witness  against  himself,  nor  be  deprived  of  life,  liberty, 
or  property,  without  due  process  of  law ;  nor  shall  private 
property  be  taken  for  public  use. without  just  compensation. 

ARTICLE  VI. 

In  all  criminal  prosecutions,  the  accused  shall  enjoy  the 
right  to  a  speedy  and  public  trial,  by  an  impartial  jury  of 
the  State  and  district  wherein  the  crime  shall  have  been 
committed,  which  district  shall  have  been  previously  ascer- 
tained by  law  and  to  be  informed  of  the  nature  und  cause 
of  the  accusation  to  be  confronted  with  the  witnesses 
against  him;  to  have  compulsory  process  for  obtaining  wit- 
nesses in  his  favor,  and  to  have  the  assistance  of  counsel 
for  his  defense. 

ARTICLE  VII. 

In  suits  at  common  law,  where  the  value  in  controversy 
shall  exceed  twenty  dollars,  the  right  of  trial  by  jury  shall 
be  preserved,  and  no  fact  tried  by  a  jury  shall  be  other- 
wise reexamined  in  any  Court  of  the  United  States,  than 
according  to  the  rules  of  the  common  law. 

ARTICLE  VIII. 

Excessive  bail  shall  not  be  required,  nor  excessive  fines 
imposed,  nor  cruel  and  unusual  punishments  inflicted. 

ARTICLE  IX. 

The  enumeration  in  the  Constitution  of  certain  rights, 
shall  not  be  construed  to  deny  or  disparage  others  retained 
by  the  people. 

ARTICLE  X. 

The  powers  not  delegated  to  the  United  States  by  the 
Constitution,  nor  prohibited  by  it  to  the  States,  are  re- 
served to  the  States  respectively,  or  to  the  people. 

ARTICLE  XI. 

The  judicial  power  of  the  United  States  shall  not  be  con 
strued  to  extend  to  any  suit  in  law  or  equity,  commence  i 
or  prosecuted  against  one  of  the  United  States  by  citizei  d 


THE  CONSTITUTION. 


51 


of  another  State,  or  by  citizens  or  subjects  of  anv  forei«^n 
State.  ^. 

ARTICLE  XII. 

Tbe  Electors  shall  meet  in  their  respective  States,  and 
vote  by  ballot  for  President  and  Vice-President,  one  of 
whom,  at  least,  shall  not  be  an  inhabitant  of  the  same  State 
with  themselves ;  they  shall  name  in  their  ballot  the  person 
voted  for  as  President,  and  in  distinct  ballots  the  person 
voted  for  as  Vice-President,  and  they  shall  make  distinct 
lists  of  all  persons  voted  for  as  President,  and  all  persons 
voted  for  as^  Vice-President,  and  of  the  number  of  votes 
for  each,  which  lists  they  shall  sign  and  certify,  and  trans- 
mit sealed  to  the  seat  of  government  of  the  United  States, 
directed  to  the  President  of  the  Senate : — The  President  of 
the  Senate  shall,  in  presence  of  the  Senate  and  House  of 
Representatives,  open  all  the  certificates,  and  the  votes  shall 
then  be  counted;  The  person  having  the  greatest  number 
of  votes  for  President  shall  be  the  President,  if  such  num- 
ber be  a  majority  of  the  whole  number  of  Electors  ap- 
pointed; and  if  no  person  have  such  majority,  then  from 
the  persons  having  the  highest  numbers,  not  exceeding 
three,  on  the  list  of  those  voted  for  as  President,  the  House 
of  Representatives  shall  choose  immediately  by  ballot  the 
President.  But  in  choosing  the  President,  the  votes  shall 
be  taken  by  States,  the  representation  from  each  State  hav- 
ing one ;  a  quorum  for  this  shall  consist  of  a  member  or 
members  from  two-thirds  of  the  States,  and  a  majority  of 
all  the  States  shall  be  necessary  to  a  choice.  And  if  the 
House  of  Representatives  shall  not  choose  a  President, 
whenever  the  right  of  choice  shall  devolve  upon  them,  be- 
fore the  fourth  day  of  March  next  following,  then  the  Vice- 
President  shall  act  as  President,  as  in  the  case  of  the  death 
or  other  constitutional  disability  of  the  President.  The 
person  having  the  greatest  number  of  votes  as  Vice-Pres- 
ident,^ shall  be  the  Vice-President,  if  such  number  be  a 
majority  of  the  whole  number  of  electors  appointed;  and 
if  no  person  have  a  majority,  then,  from  the  two  highest 
numbers  on  the  list,  the  Senate  shall  choose  the  Vice-Pres- 
ident ;  a  quorum  for  the  purpose  shall  consist  of  two-thirds 


U.  r  F  ILL  LiB. 


52 


THE  CONSTITUTION. 


of  the  whole  number  of  Senators,  and  a  majority  of  the 
whole  number  shall  be  necessary  to  a  choice.  But  no  per- 
son constitutionally  ineligible  to  the  office  of  President, 
shall  be  eligible  to  that  of  Vice-President  of  the  United 
States. 

ARTICLE  Xm. 

"  Section  1.  Neither  slavery  nor  involuntary  servi- 
tude, except  as  a  punishment  for  crime,  whereof  the  party 
shall  have  been  duly  convicted,  shall  exist  within  the 
United  States,  or  any  place  subject  to  their  jurisdiction. 

"  Sec.  2.  Congress  shall  have  power  to  enforce  this 
Article  by  appropriate  legislation,  approved  February  1, 
1863." 

ARTICLE  XTV. 

Section  1.  All  persons  born  or  naturalized  in  the 
United  States,  and  subject  to  the  jurisdiction  thereof,  are 
citizens  of  the  United  States  and  of  the  State  wherein 
they  reside.  No  State  shall  make  or  enforce  any  law 
which  shall  abridge  the  privileges  or  immunities  of  citizens 
of  the  United  States;  nor  shall  any  State  deprive  any 
person  of  life,  liberty,  or  property,  without  due  process 
of  law,  nor  deny  to  any  person  within  its  jurisdiction  the 
equal  protection  of  the  lav/s. 

Sec.  2.  Eepresentatives  shall  be  apportioned  among 
the  several  States  according  to  their  respective  numbers, 
counting  the  whole  number  of  persons  in  each  State,  ex- 
cluding Indians  not  taxed.  But  when  the  right  to  vote  at 
any  election  for  the  choice  of  electors  for  President  and 
Vice-President  of  the  United  States,  representatives  m 
Congress,  the  executive  and  judicial  officers  of  a  State,  or 
.  the  members  of  the  legislature  thereof,  is  denied  to  any  of 
the  male  inhabitants  of  such  State,  being  twenty-one  years 
of  age,  and  citizens  of  the  United  States,  or  in  any  way 
abridged,  except  for  participation  in  rebellion  or  other 
crime"  the  basis  of  representation  therein  shall  be  reduced 
in  the  proportion  which  the  number  of  such  male  citizens 
shall  bear  to  the  whole  number  of  male  citizens  twenty-one 
years  of  age  in  such  State. 

Sec.  3.    No  person  shall  be  a  senator  or  representative 


THE  CONSTITUTION. 


53 


in  Congress,  or  elector  of  President  and  Vice-President,  or 
hold  any  office,  civil  or  military,  under  the  United  States, 
or.  under  any  State,  who,  having  previously  taken  an  oath, 
as  a  member  of  Congress,'  or  as  an  officer  of  the  United 
States,^  or  as  a  member  of  any  State  legislature,  or  as  an 
executive  or  judicial  officer  of  any  State,  to  support  the 
Constitution  of  the  United  States,  shall  have  engaged  in 
insurrection  or  rebellion  against  the  same,  or  given  aid 
or  comfort  to  the  enemies  thereof  But  Congress  may,  by 
a  vote  of  two-thirds  of  each  house,  remove  such  disability. 

Sec.  4.  The  validity  of  the  pubhc  debt  of  the  United 
States,  authorized  by  law,  including  debts  incurred  for 
the  payment  of  pensions  and  boimties  for  services  in  sup- 
pressing insurrection  or  rebellion,  shall  not  be  questioned. 
But  neither  the  United  States  nor  any  State  shall  assume 
or  pay  any  debt  or  obligation  incurred  in  aid  of  insurrec- 
tion or  rebellion  against  the  United  States,  or  any  claim 
for  the  loss  or  emancipation  of  any  slave ;  but  all  such 
debts,  obligations  and  claims  shall  be  held  illegal  and  void. 

Sec.  5.  The  Congress  shall  haA^e  power  to  enforce,  by 
appropriate  legislation,  the  provisions  of  this  Article. 

The  Amendment  passed  the  Senate  by  a  vote  of  33  yeas  to  11 
nays,  and  tlie  House  by  a  vote  of  138  yeas  to  36  nays. 

AETICLE  XV. 

Section  1.  The  right  of  citizens  of  the  United  States 
to  vote  shall  not  be  denied  or  abridged  by  the  United 
States  or  by  any  State  on  account  of  race,  color,  or  previ- 
ous condition  of  servitude. 

Sec.  2.  The  Congress  shall  have  pov^er  to  enforce  this 
article  by  appropriate  legislation. 


The  Constitution  was  adopted  on  the  17th  of  September, 
1787,  by  the  convention  appointed  in  pursuance  of  the 
Resolution  of  the  Congress  of  the  Confederation,  of  the 
21st  February,  1787,  and  ratified  by  the  conventions  of 
the  several  States,  as  follows  : 


54 


THE  CONSTITUTION. 


By  Convention  of  Delaware.  Ttli  December,  1787 

"  Pennsylvania  12th  December,  1787 

"  New  Jersey  18tb  December,  1787 

"  "  Georgia  2d  January,  1788 

"  Connecticut  9th  January,  1788 

«  "  Massachusetts  6th  February,  1788 

Maryland  28th  April,  1788 

South  Carolina  28th  May,  1788 

"  New  Hampshire  21st  June,  1788 

Virginia.  26th  June,  1788 

New  York . ,  26th  July,  1788 

«  "  North  Carolina. .  .21st  November,  1789 

Ehode  Island. ........  .29th  May,  1790 


The  first  ten  of  the  Amendments  were  proposed  on  the 
25th  September,  1789, 'and  ratified  by  the  constitutional 
number  of  States  on  the  15th  December,  1791 ;  the  elev- 
enth, on  the  8th  January,  1798  ;  the  twelfth,  on  the  25th 
September,  1804;  the  thirteenth,  on  the  1st  February, 
1863;  the  fourteenth,  on  the  21st  July,  1868;  and  the 
fifteenth,  on 'the  30th  March,  1870. 


WASHINGTON'S  RESIGNATION  OF  HIS 
COBIMISSION. 


The  War  of  tlie  Kevolution  having  terminated  auspic- 
iously, Washington  took  leave  of  his  officers  and  army  at 
New  York,  and  repaired  to  Annapolis,  Md.,  where  Con- 
gress was  then  in  session.  On  the  20th  of  December, 
1783,  he  transmitted  a  letter  to  that  body  apprising  them 
of  his  arrival,  with  the  intention  of  resignmg  his  commis- 
sion, and  desiring  to  know  whether  it  would  be  most 
agreeable  to  receive  it  in  writing  or  at  an  audience.  It 
was  immediately  resolved  that  a  public  entertainment  be 
given  him  on  the  22d,  and  tliat  he  be  admitted  to  an  audi- 
ence on  the  23d,  at  12  o'clock.  Accordingly,  he  attended 
at  that  time,  and,  being  seated,  the  President  informed 
him  that  Congress  were  prepared  to  receive  his  communi- 
cations.   Whereupon  he  arose,  and  spoke  as  follows  : 

"  Me.  Peesidext  :  —  The  great  events  on  which  my 
resignation  depended  having  at  length  taken  place,  I  have 
novv^  the  honor  of  offering  my  sincere  congratulations  to 
Congress,  and  of  presenting  myself  before  them,  to  surren- 
der into  theh^  hands  the  trust  committed  to  me,  and  to 
claim  the  indulgence  of  retiring  from  the  service  of  my 
country. 

"Happy  in  the  confirmation  of  our  independence  and 
sovereignty,  and  pleased  with  the  opportunity  afforded  the 
United  States  of  becoming  a  respectable  nation,  I  resign 
with  satisfaction  the  appointment  I  accepted  with  diffi- 
dence :  a  diffidence  in  my  abilities  to  accomplish  so  arduous 
a  task ;  which,  however,  v>^as  superseded  by  a  confidence 
in  the  rectitude  of  our  cause,  the  support  of  the  supreme 
power  of  the  Union,  and  the  patronao-e  of  Heaven. 

"The  successful  termination  of  the  Avar  has  verified  the 
most  sanguine  expectations;  and  my  gratitude  for  the 
interposition  of  Providence,  and  the  assistance  I  have 

55 


56 


Washington's  besignation. 


received  from  my  countrymen,  increases  with  every  review 
of  the  momentous  contest.  / 
While  1  repeat  my  obhgations  to  the  army  in  general, 
I  should  do  injustice  to  my  own  feelings  not  to  acknowlr 
edge,  in  this  place,  the  peculiar  services  and  distinguished 
merits  of  the  gentlemen  who  have  been  attached  to  my 
person  during  the  war.  It  was  impossible  the  choice  of 
confidential  ofiicers  to  compose  my  family  should  have 
been  more  fortunate.  Permit  me,  sir,  to  recommend,  in 
particular,  those  who  have  continued  in  the  service  to  the 
present  moment,  as  worthy  of  the  favorable  notice  and 
patronage  of  Congress. 

"I  consider  it  an  indispensable  duty  to  close  this  last 
act  of  my  official  life  by  commending  the  interests  of  our 
dearest  comitry  to  the  protection  of  Almighty  God,  and 
those  who  have  the  superintendence  of  them  to  his  holy 
keeping. 

Having  now  finished  the  work  assigned  me,  I  retire 
from  the  great  theater  of  action,  "and  bidding  an  affec- 
tionate farewell  to  this  august  body,  under  whose  orders 
I  have  so  long  acted,  I  here  offer  my  commission,  and 
take  my  leave  of  all  the  employments  of  public  life." 


WASHINGTON'S  INAUGURAL  ADDRESS. 


Itl  accordance  with  previous  arrangements,  General 
Washington  met  Congress  in  New  York,  on  the  30th  of 
April,  1789,  for  the  purpose  of  being  inaugurated  as  the 
first  President  of  the  United  States.  The  oath  of  office 
having  been  administered  by  the  Chancellor  of  the  State 
of  New  York,  in  presence  of  the  Senate  and  House  of 
Kepresentatives,  the  President  delivered  the  following 
Inaugural  Address : 

"  Felhw-dtizens  of  the  Senate  and  of  the  House  of  Bepresen- 
tatives : 

* 'Among  the  vicissitudes  incident  to  life,  no  event  could 
have  filled  me  with  greater  anxieties  than  that  of  which 
the  notification  was  transmitted  by  your  order,  and  received 
on  the  14th  day  of  the  present  month.  On  the  one  hand, 
I  was  summoned  by  my  country,  whose  voice  I  can  never 
hear  but  with  veneration  and  love,  from  a  retreat  which 
I  had  chosen  with  the  fondest  predilection,  and,  in  my 
flattering  hopes,  with  an  immutable  decision,  as  the  asylum 
of  my  declining  years  —  a  retreat  which  was  rendered 
every  day  more  necessary,  as  well  as  more  dear  to  me,  by 
the  addition  of  habit  to  inclination,  and  of  frequent  inter- 
ruptions in  my  health,  to  the  gradual  waste  committed  on 
it  by  time.  On  the  other  hand,  the  magnitude  and  diffi- 
culty of  the  trust  to  which  the  voice  of  my  country  called 
me,  being  sufficient  to  awaken,  in  the  wisest  and  most 
experienced  of  her  citizens,  a  distrustful  scrutiny  into  his 
qualifications,  could  not  but  overwhelm  with  despondency 
one  who,  inheriting  inferior  endowments  from  nature,  and 
unpracticed  in  the  duties  of  civil  administration,  ought  to 
be  peculiarly  conscious  of  his  own  deficiencies.  In  this 
conflict  of  emotion,  all  I  dare  aver  is,  that  it  has  been  my 
faithful  study  to  collect  my  duty  from  a  just  appreciation 

57 


58 


Washington's  inaugural  address. 


of  every  circumstance  by  wliich  it  might  be  affected.  All 
I  dare  hope  is,  that  if,  in  executing'  this  task,  I  have  been 
fcoo  much  swayed  by  a  grateful  remembrance  of  former 
instances,  or  by  an  affectionate  sensibility  to  this  trans- 
cendent proof  of  the  confidence  of  my  fellow-citizens,  and 
have  thence  too  little  consulted  my  incapacity  as  well  as 
disinclination  for  the  weighty  and  untried  cares  before  me, 
my  error  will  be  palliated  by  the  motives  wdiich  misled 
nie,  and  its  consequences  be  judged  by  my  country,  with 
some  share  of  the  partiality  in  which  they  originated. 

"  Such  being  the  impressions  under  which  I  have,  in 
obedience  to  the  public  summons,  repaired  to  the  present 
station,  it  would  be  peculiarly  improper  to  omit,  in  this 
first  ofiicial  act,  my  fervent  supplications  to  that  Almighty 
Being  who  rules  over  the  universe  —  who  presides  in  the 
councils  of  nations — and  whose  providential  aids  can  supply 
every  human  defect,  that  his  benediction  may  consecrate 
to  the  liberties  and  happiness  of  the  people  of  the  United 
States  —  a  government  instituted  by  themselves  for  these 
essential  purposes — and  may  enable  every  instrument 
employed  in  its  administration  to  execute  with  success  the 
functions  allotted  to  his  charge.  In  tendering  this  homage 
to  the  Great  Author  of  every  public  and  private  good,  I 
assure  myself  that  it  expresses  your  sentiments  not  less 
than  my  own ;  nor  those  of  my  fellow-citizens  at  large, 
less  than  either.  No  people  can  be  bound  to  acknowledge 
and  adore  the  invisible  hand  which  conducts  the  affairs  of 
men  more  than  the  people  of  the  United  States.  Every 
step  by  which  they  have  advanced  to  the  character  of  an 
independent  nation  seems  to  have  been  distinguished  by 
some  token  of  providential  agency ;  and  in  the  important 
revolution  just  accomplished  in  the  system  of  their  united 
government,  the  tranquil  deliberations,  and  voluntary  con- 
sent of  so  many  distinct  communities,  from  whicli  the 
event  has  resulted,  can  not  be  compared  with  the  means 
by  which  most  governments  have  been  established  without 
some  return  of  pious  gratitude,  along  with  an  humble 
anticipation  of  the  future  blessings  which  the  past  seem 
10  [presage.  These  reflections,  arising  out  of  the  present 
crisis,  have  forced  themselves  too  strongly  on  my  mind  to 


Washington's  inaugural  address. 


be  suppressed.  You  will  join  witli  me,  I  trust,  in  think- 
ing that  there  are  none  under  the  influence  of  which  the 
proceedings  of  a  new  and  free  government  can  more 
auspiciously  commence. 

"  By  the  article  establishing  the  executive  department, 
it  is  made  the  duty  of  the  President  '  to  recommend  to 
your  consideration  such  measures  as  he  shall  judge  neces- 
sary and  expedient.'    The  chcumstances  under  which  1 
now  meet  you,  will  acquit  me  from  not  entering  into  that 
subject  farther  than  to  refer  to  the  great  constitutional 
charter  under  which  you  are  assembled,  and  wjncn,  m 
defining  your  powers,  designates  the  objects  to  which  your 
attention  is  to  be  given.    It  will  be  more  consistent  with 
those  circumstances,  and  far  more  congenial  with  the  feel- 
ings which  actuate  me,  to  substitute  in  place  of  a  recom- 
mendation of  particular  measures,  the  tribute  that  is  due  to 
the  talents,  the  rectitude,  and  the  patriotism  which  adorn 
the  characters  selected  to  advise  and  adopt  them.  In 
these  honorable  quahfications  I  behold  the  surest  pledges 
that  as,  on  one  side,  no  local  prejudices  or  attachments, 
no  separate  views,  nor  party  animosities,  will  misdirect  the 
comprehensive  and  equal  eye  which  ought  to  watch  over 
this  great  assemblage  of  communities  and  interests;  so, 
on  another,  that  the  foundations  of  our  national  policy 
will  be  laid  in  the  pure  and  immutable  principles  of  private 
moraUty;  and  the  preeminence  of  free  government  be 
exemplified  by  all  the  attributes  which  can  wm  the  afiec- 
tions  of  its  citizens,  and  command  the  respect  of  the  world. 
I  dwell  on  this  prospect  with  every  satisfaction  Avhich  an 
ardent  love  for  my  country  can  inspire ;  smce  there  is  no 
truth  more  thoroughly  estabhshed  than  that  there  exists 
in  the  economy  and  course  of  nature  an  indissoluble  union 
between  virtue  and  happiness  —  between  duty  and  advan- 
tage—between the  genuine  maxims  of  an  honest  and 
magnanimous  policy  and  the  solid  rewards  of  public  pros- 
nerity  and  felicity ;  since  we  ought  to  be  no  less  persuaded 
that  the  propitious  smiles  of  Heaven  can  never  be  expected 
on  a  nation  that  disregards  the  eternal  rules  of  order  and 
right,  which  Heaven  itself  has  ordained ;  and  since  the 
preservation  of  the  sacred  fire  of  liberty  and  the  destiny 


60 


Washington's  inaugural  address. 


of  the  republican  model  of  government  are  justly  consid- 
ered as  deeply,  perhaps  as  finally,  staked  on  the  experi- 
ment intrusted  to  the  hands  of  the  American  people. 

''Besides  the  ordinary  objects  submitted  to  your  care, 
it  will  remain  with  your  judgment  to  decide  how  far  an 
exercise  of  the  occasional  power  delegated  by  the  fifth 
article  of  the  Constitution  is  rendered  expedient  at  the 
present  juncture  by  the  natui-e  of  objections  which  have 
been  urged  agamst  the  system,  or  by  the  degree  of  inquie- 
tude which  has  given  birth  to  them.    Instead  of  under- 
taking particular  recommendations  on  this  subject,  in 
which  I  could  be  guided  by  no  fights  derived  from  official 
opportunities,  I  shall  again  give  way  to  my  entire  confi- 
dence in  your  discernment  and  pursuit  of  the  public  good  ; 
for,  I  assure  myself,  that  while  you  carefully  avoid  every 
alteration  which  might  endanger  the  benefits  of  an  united 
and  efiective  government,  or  which  ought  to  await  the 
future  lessons  of  experience,  a  reverence  for  the  charac- 
teristic rights  of  freemen,  and  a  regard  for  the  public 
harmony,  will  sufficiently  influence  your  deliberations  on 
the  question,  how  far  the  former  can  be  more  impregnably 
fortified,  or  the  latter  be  safely  and  advantageously  pro- 
moted. 

''To  the  preceding  observations  I  have  one  to  add, 
which  will  be  most  properly  addressed  to  the  House  of 
Representatives.  It  concerns  myself,  and  wiU,  therefore, 
be  as  brief  as  possible :  When  I  was  first  honored  with  a 
call  into  the  service  of  my  country,  then  on  the  eve  of  an 
arduous  struggle  for  its  liberties,  the  light  in  which  I 
contemplated  my  duty  required  that  I  should  renounce 
every^  pecuniary  compensation.  From  this  resolution  I 
have  in  no  instance  departed,  and,  being  stiU  under  the 
impressions  which  produced  it,  I  must  decline,  as  inajDpli- 
cable  to  myself,  any  share  in  the  personal  emoluments 
wdiich  may  be  indispensably  included  in  a  permanent  pro- 
vision for  the  executive  department,  and  must  accordingly 
pray  that  the  pecuniary  estimates  for  the  station  in  which 
I  am  placed  may,  during  my  continuance  in  it,  be  limited 
to  such  actual  expenditures  as  the  public  good  may  be 
thought  to  require. 


washln^gton's  inaugural  address. 


61 


Having  thus  imparted  to  you  my  sentiments,  as  they 
have  been  awakened  by  the  occasion  which  brings  us 
together,  I  shall  take  my  present  leave,  but  not  without 
resorting  once  more  to  the  benign  Parent  of  the  human 
race,  in  humble  supphcation,  that  since  he  has  been  pleased 
to  favor  the  American  people  with  opportunities  for  delib- 
erating in  perfect  tranquillity,  and  dispositions  for  deciding 
with  unparalleled  unanimity  on  a  form  of  government  for 
the  security  of  their  Union  and  the  advancement  of  their 
happiness,  so  his  Divme  blessing  may  be  equaUy  conspic- 
uous in  the  enlarged  views,  the  temperate  consultations, 
and  the  wise  measures,  on  which  the  success  of  this  gov- 
ernment must  depend." 


WASHINGTON'S  FAREWELL  ADDRESS. 


Friends  and  Fellow-  Citizens : 

The  period  for  a  new  election  of  a  citizen  to  administer 
the  Executive  Grovernment  of  the  United  States  being  not 
far  distant,  and  the  time  actually  arrived  when  your  thoughts 
must  he  employed  in  designating  the  person  who  is  to  he 
clothed  with  that  important  trust,  it  appears  to  me  proper 
especially  as  it  may  conduce  to  a  more  distinct  expression  of 
the  public  voice,  that  I  should  now  apprise  you  of  the  res- 
olution I  have  formed,  to  decline  being  considered  among 
the  number  of  those  out  of  whom  a  choice  is  to  be  made. 

I  beg  you,  at  the  same  time,  to  do  me  the  justice  to  be 
assured  that  this  resolution  has  not  been  taken  without  a 
strict  regard  to  all  the  considerations  appertaining  to  the 
relation  which  binds  a  dutiful  citizen  to  his  country ;  and 
that,  in  withdrawing  the  tender  of  service,  which  silence  in 
my  situation  might  imply,  I  am  influenced  by  no  diminu- 
tion of  zeal  for  your  future  interest;  no  deficiency  of 
grateful  respect  for  your  past  kindness,  but  am  supported 
by  a  full  conviction  that  the  step  is  compatible  with  both. 

The  acceptance  of,  and  continuance  hitherto  in,  the  of- 
fice to  which  your  suffrages  have  twice  called  me,  have 
been  a  uniform  sacrifice  of  inclination  to  the  opinion  of 
duty,  and  to  a  deference  for  what  appeared  to  be  your  de- 
sire. I  constantly  hoped  that  it  would  have  been  much 
earlier  in  my  power,  consistently  with  motives  which  I  was 
not  at  liberty  to  disregard,  to  return  to  that  retirement 
from  which  I  had  been  reluctantly  drawn.  The  strength 
of  my  inclination  to  do  this,  previous  to  the  last  election, 
had  even  led  to  the  preparation  of  an  address  to  declare 
it  to  you ;  but  mature  reflection  on  the  then  perplexed 
and  critical  posture  of  our  affairs  with  foreign  nations, 
and  the  unanimous  adyice  of  persons  entitled  to  my  cod 
fidence  imnelled  me  ta  abandon  the  idea. 


62 


WASHINGTON  S  FAREWELL  ADDRESS. 


63 


I  rejoice  tliat  the  state  of  your  concerns,  external  as 
well  as  internal,  no  longer  renders  the  pursuit  of  inclina- 
tion incompatible  with  the  sentiment  of  duty  or  propriety ; 
and  am  persuaded,  whatever  partiality  may  be  retained  for 
my  services,  that,  in  the  present  circumstances  of  our 
country,  you  will  not  disapprove  my  determination  to  re- 
tire. 

The  impressions  with  which  T  undertook  the  arduous 
trust  were  explained  on  the  proper  occasion.  In  the  dis- 
charge of  this  trust,  I  will  only  say  that  I  have  with  good 
intentions  contributed  toward  the  organization  and  admin- 
istration of  the  Government  the  best  exertions  of  which  a 
very  fallible  judgment  was  capable.  Not  unconscious  in 
the  outset  of  the  inferiority  of  my  qualifications,  experi- 
ence, in  my  own  eyes — perhaps  still  more  in  the  eyes  of 
others — has  strengthened  the  motives  to  diffidence  of  my- 
self ;  and  every  day  the  increasing  weight  of  years  admon- 
ishes me  more  and  more,  that  the  shade  of  retirement  is 
as  necessary  to  me  as  it  will  be  welcome.  Satisfied  that 
if  any  circumstances  have  given  peculiar  value  to  my 
services,  they  were  temporary,  I  have  the  consolation  to 
believe  that,  while  choice  and  prudence  invite  me  to  quit 
the  political  scene,  patriotism  does  not  forbid  it. 

In  looking  forward  to  the  moment  which  is  intended  to 
terminate  the  career  of  my  public  life,  my  feelings  do  not 
permit  me  to  suspend  the  deep  acknowledgment  of  that 
debt  of  gratitude  which  I  owe  to  my  beloved  country  for 
the  many  honors  it  has  conferred  upon  me  ;  still  more  for 
the  steadfast  confidence  with  which  it  has  supported  me  ; 
and  for  the  opportunities  I  have  thence  enjoyed  of  mani- 
festing my  inviolable  attachment,  by  services  faithful  and 
persevering,  though  in  usefulness  unequal  to  my  zeal.  If 
benefits  have  resulted  to  our  country  from  these  services, 
let  it  always  be  remembered  to  your  praise,  and  as  an 
instructive  example  in  our  annals  that,  under  circum- 
stances in  which  the  passions,  agitated  in  every  direction, 
were  liable  to  mislead ;  amid  appearances  sometimes  dubi- 
ous, vicissitudes  of  fortune  often  discouraging;  in  situa- 
tions in  which,  not  unfrequently,  want  of  success  has 
countenanced  the  spirit  of  criticism — the  constancy  of  your 


64  Washington's  farewell  address. 

support  '^as  the  essential  prop  of  the  efforts,  and  a  guar- 
antee of  the  plans,  by  which  they  were  effected.  Pro- 
foundly penetrated  with  this  idea,  I  shall  carry  it  with  me 
to  my  grave,  as  a  strong  incitement  to  unceasing  vows,  that 
Heaven  may  continue  to  you  the  choicest  tokens  of  its  be- 
neficence ;  that  your  union  and  brotherly  affection  may  be 
perpetual;  that  the  free  Constitution,  which  is  the  work 
of  your  hands,  may  be  sacredly  maintained ;  that  its  ad- 
ministration, in  every  department,  may  be  stamped  with 
wisdom  and  virtue ;  that,  in  fine,  the  happiness  of  the 
people  of  these  States,  under  the  auspices  of  liberty,  may 
be  made  complete  by  so  careful  a  preservation  and  so  pru- 
dent a  use  of  this  blessing  as  will  acquire  to  them  the 
glory  of  recommending  it  to  the  applause,  the  affection, 
and  the  adoption  of  every  nation  which  is  yet  a  stranger 
to  it. 

Here,  perhaps,  I  ought  to  stop ;  but  a  solicitude  for 
your  welfare,  which  can  not  end  but  with  my  life,  and  the 
apprehension  of  danger  natural  to  that  solicitude,  urge 
me,  on  an  occasion  like  the  present,  to  offer  to  your  sol- 
emn contemplation,  and  to  recommend  to  your  frequent 
review,  some  sentiments  which  are  the  result  of  much  re- 
flection, of  no  inconsiderable  observation,  and  which  ap- 
pear to  me  all-important  to  the  permanency  of  our  felicity 
as  a  people.  These  will  be  afforded  to  you  with  the  more 
freedom,  as  you  can  only  see  in  them  the  disinterested 
warnings  of  a  parting  friend,  who  can  possibly  have  no 
personal  motive  to  bias  his  counsel ;  nor  can  I  forget,  as 
an  encouragement  to  it,  your  indulgent  reception  of  my 
sentiments  on  a  former  and  not  dissimilar  occasion. 

Interwoven  as  is  the  love  of  liberty  with  every  ligament 
of  your  hearts,  no  recommendation  of  mine  is  necessary  to 
fortify  or  confirm  the  attachment. 

The  unity  of  government  which  constitutes  you  one  peo- 
ple, is  also  now  dear  to  you.  It  is  justly  so  ;  for  it  is  a 
main  pillar  in  the  edifice  of  your  real  independence — the 
Bupport  of  your  tranquillity  at  home,  your  peace  abroad, 
of  your  safety,  of  your  prosperity,  of  that  very  liberty 
which  you  so  highly  prize.  But  as  it  is  easy  to  foresee 
that,  from  different  causes  and  from  different  quarters, 


WASHINGTON'S  FAREWELL  ADDRESS. 


65 


inucli  pains  will  be  taken,  many  artifices  employed,  to 
weaken  in  your  minds  the  conviction  of  tliis  truth ;  as 
this  is  the  point  in  your  political  fortress  against  which 
the  batteries  of  internal  and  external  enemies  will  be  most 
constantly  and  actively  (though  often  covertly  and  insidi- 
ously) directed,  it  is  of  infinite  moment  that  you  should 
properly  estimate  t^ie  immense  value  of  your  National 
Union  to  your  collective  and  individual  happiness ;  that 
you  should  cherish  a  cordial,  habitual,  and  immovable  at- 
tachment to  it;  accustoming  yourselves  to  think  and  speak 
of  it  as  of  the  palladium  of  your  political  safety  and  pros- 
perity;  watching  for  its  preservation  with  jealous  anxiety; 
discountenancing  whatever  may  suggest  even  a  suspicion  that 
it  can,  in  any  event,  be  abandoned ;  and  indignantly  frowning 
upon  the  first  dawning  of  every  attempt  to  alienate  any  por- 
tion of  our  country  from  the  rest,  or  to  enfeeble  the  sacred 
ties  which  now  link  together  the  various  parts. 

For  this  you  have  every  inducement  of  sympathy  and  in- 
terest. Citizens  by  birth  or  choice,  of  a  common  country, 
that  country  has  a  right  to  concentrate  your  affections. 
The  name  of  American,  which  belongs  to  you  in  your  na- 
tional capacity-  must  always  exalt  the  just  pride  of  patri- 
otism, more  than  any  appellation  derived  from  local  dis- 
criminations. With  slight  shades  of  difference,  you  have 
the  same  religion,  manners,  habits,  and  political  principles. 
You  have,  in  a  common  cause,  fought  and  triumphed  to- 
gether ;  the  independence  and  liberty  you  possess  are  the 
work  of  joint  counsels  and  joint  efforts — of  common  dan- 
gers, sufferings  and  successes. 

But  these  considerations,  however  powerfully  they  ad- 
dress themselves  to  your  sensibility,  are  greatly  outweighed 
by  those  which  apply  more  immediately  to  your  interest ; 
here  every  portion  of  our  country  finds  the  most  command- 
ing motives  for  carefully  guarding  and  preserving  the  union 
of  the  whole. 

The  North,  in  an  unrestrained  intercourse  with  the  South, 
protected  by  the  equal  laws  of  a  common  government,  finds, 
in  the  productions  of  the  latter,  great  additional  resources  of 
maritime  and  commercial  enterprise, and  precious  materials 
of  manufacturing  industry.  The  South,  in  the  same  inter- 
6 


66  WASHINGTON'S  FAREWELL  ADDRESS. 


course,  benefiting  by  tbe  agency  of  the  North,  sees  its  ag- 
riculture grow  and  its  commerce  expand.  Turning  partly 
into  its  own  channels  the  seamen  of  the  North,  it  finds  its 
particular  navigation  invigorated ;  and  while  it  contributes, 
in  dilFerent  ways,  to  nourish  and  increase  the  general  mass 
of  the  national  navigation,  it  looks  forward  to  the  protec- 
tion of  a  maritime  strength  to  whichi  itself  is  unequallj 
adapted.  The  East,  in  like  intercourse  with  the  West,  al- 
ready finds — and  in  the  progressive  improvement  of  interior 
communication  by  land  and  water,  will  more  and  more  find — 
a  valuable  vent  for  the  commodities  which  it  brings  from 
abroad  or  manufactures  at  home.  The  West  derives  from 
the  East  supplies  requisite  to  its  growth  and  comfort ;  and 
what  is,  perhaps,  of  still  greater  consequence,  it  must,  of 
necessity,  owe  the  secure  enjoyment  of  indispensable  out- 
lets for  its  own  productions,  to  the  weight,  influence,  and 
the  future  maritime  strength  of  the  Atlantic  side  of  the 
Union,  directed  by  an  indissoluble  community  of  interest 
as  one  nation.  Any  other  tenure  by  which  the  West  can 
hold  this  essential  advantage,  whether  derived  from  its  own 
separate  strength,  or  from  an  apostate  and  unnatural'  con- 
nection with  any  foreign  power,  must  be  intrinsically  pre- 
carious. 

While,  then,  every  part  of  our  country  thus  feels  an  im- 
mediate  and  particular  interest  in  union,  all  the  parts  com- 
bined can  not  fail  to  find,  in  the  united  mass  of  means  and 
efi"orts,  greater  strength,  greater  resource,  proportionately 
greater  security  from  external  danger,  a  less  frequent  in- 
terruption of  their  peace  by  foreign  nations  ;  and  .what  is 
of  inestimable  value,  they  must  derive  from  union  an  ex- 
emption from  those  broils  and  wars  between  themselves, 
which  so  frequently  afflict  neighboring  countries,  not  tied 
together  by  the  same  government;  which  their  own  rival- 
ship  alone  would  be  sufficient  to  produce,  but  which  oppo- 
site foreign  alliances,  attachments,  and  intrigues  would  stim- 
ulate and  embitter.  Hence,  likewise,  they  will  avoid  the  ne- 
cessity of  those  overgrown  military  establishments,  which,  un- 
der any  form  of  government,  are  inauspicious  to  liberty,  and 
which  are  to  be  regarded  as  particularly  hostile  to  republican 
liberty ;  in  this  sense  it  is  that  your  union  ought  to  be  con- 


Washington's  farewell  address. 


67 


Bidered  as  a  main  prop  of  your  liberty,  and  that  the  love 
of  the  one  ought  to  endear  to  you  the  preservation  of  the 
other. 

These  considerations  speak  a  persuasive  language  to 
every  reflecting  and  virtuous  mind,  and  exhibit  the  contin- 
uance of  the  Union  as  a  primary  object  of  patriotic  desire. 
Is  there  a  doubt,  whether  a  common  government  can  em- 
brace so  large  a  sphere?  Let  experience  solve  it.  To 
listen  to  mere  speculation,  in  such  a  case,  were  criminal. 
We  are  authorized  to  hope,  that  a  proper  organization  of 
the  whole,  with  the  auxiliary  agency  of  governments  for 
the  respective  subdivisions,  will  afford  a  happy  issue  to  the 
experiment.  It  is  well  worth  a  fair  and  full  experiment. 
With  such  powerful  and  obvious  motives  to  Union,  affect- 
ing all  parts  of  our  country,  while  experience  shall  not 
have  demonstrated  its  impracticability,  there  will  always 
be  reason  to  distrust  the  patriotism  of  those  who,  in  any 
quarter,  may  endeavor  to  weaken  its  bands. 

In  contemplating  the  causes  which  may  disturb  our 
Union,  it  occurs,  as  a  matter  of  serious  concern,  that  any 
ground  should  have  been  furnished  for  characterizing 
parties  by  geographical  discriminations  —  Northern  and 
Southern,  Atlantic  and  Western — whence  designing  men 
may  endeavor  to  excite  a  bolief  that  there  is  a  real  differ- 
ence of  local  interests  and  views.  One  of  the  expedients 
of  party  to  acquire  influence  within  particular  districts,  is 
to  misrepresent  the  opinions  and  aims  of  other  districts. 
You  can  not  shield  yourself  too  much  against  the  jeal- 
ousies and  heart-burnings  which  spring  from  these  misrep- 
resentations;  they  tend  to  render  alien  to  each  other  those 
who  ought  to  be  bound  together  by  fraternal  affection. 
The  inhabitants  of  our  western  country  have  lately  had  a 
useful  lesson  on  this  head ;  they  have  seen  in  the  negoti- 
ation of  the  Executive,  and  in  the  unanimous  ratification 
by  the  Senate,  of  the  treaty  with  Spain,  and  in  the  uni- 
versal satisfaction  at  that  event  throughout  the  United 
States,  a  decisive  proof  how  unfounded  were  the  suspicions 
propagated  among  them  of  a  policy  in  the  G-eneral  Grovern- 
uaent,  and  in  the  Atlantic  States,  unfriendly  to  their  in- 
terests in  regard  to  the  Mississippi ;  they  have  been  wit- 


68  WASHINGTON'S  FAREWELL  ADDRESS. 


nesses  to  the  formation  of  two  treaties — that  with  Great 
Britain,  and  that  with  Spain — which  secure  to  them  every 
thing  they  could  desire  in  respect  to  our  foreign  relations, 
toward  confirming  their  prosperity.  Will  it  not  be  their 
wisdom  to  rely  for  the  preservation  of  these  advantages  on 
the  Union  by  which  they  were  procured?  Will  they  not 
henceforth  be  deaf  to  those  advisers,  if  such  there  be,  who 
would  sever  them  from  their  brethren,  and  connect  them 
with  aliens  ? 

To  the  efficacy  and  permanency  of  your  Union,  a  Gov- 
ernment for  the  whole  is  indispensable.  No  alliance,  how- 
ever strict  between  the  parts,  can  be  an  adequate  substitute ; 
they  must  inevitably  experience  the  infractions  and  inter- 
ruptions which  all  alliances,  in  all  time,  have  experienced. 
Sensible  of  this  momentous  truth,  you  have  improved  upon 
your  first  essay,  by  the  adoption  of  a  Constitution  of  Gov- 
ernment better  calculated  than  your  former  for  an  intimate 
Union,  and  for  the  efficacious  management  of  your  common 
concerns.  ^  This  Government,  the  ofi'spring  of  our  own 
choice,  uninfluenced  and  unawed,  adopted  upon  full  investi- 
gation and  mature  deliberation,  completely  free  in  its  prin- 
ciples, in  the  distribution  of  its  powers,  uniting  security 
with  energy,  and  containing  within  itself  a  provision  for 
its  own  amendment,  has  a  just  claim  to  your  confidence  and 
your  support.  ^  Eespect  for  its  authority,  compliance  with 
its  laws,  acquiescence  in  its  measures,  are  duties  enjoined 
by  the  fundamental  maxims  of  true  liberty.  The  basis  of 
our  political  systems,  is  the  right  of  the  people  to  make 
and  to  alter  their  constitutions  of  Government;  but  the 
Constitution  which  at  any  time  exists,  till  changed  by  an 
explicit  and  authentic  act  of  the  whole  people,  is  sacredly 
obligatory  upon  all.  The  very  idea  of  the  power  and  the 
right  of  the  people  to  establish  Government,  presupposes 
the  duty  of  every  individual  to  obey  the  established  Gov- 
ernment. 

^  All  obstructions  to  the  execution  of  the  laws,  all  com- 
binations and  associations,  under  whatever  plausible  char 
acter,  with  the  real  design  to  direct,  control,  counteract,  or 
awe  the  regular  deliberation  and  action  of  the  constituted 
authorities,  are  destructive  to  this  fundamental  principle, 


Washington's  farewell  address. 


69 


and  of  fatal  tendency.  They  serve  to  organize  faction,  to 
give  it  an  artificial  and  extraordinary  force,  to  put  in  the 
place  of  the  delegated  will  of  the  nation  the  will  of  a  party, 
often  a  small  but  artful  and  enterprising  minority  of  the 
community  ;  and,  according  to  the  alternate  triumphs  of 
difierent  parties,  to  make  the  public  administration  the 
mirror  of  the  ill-concerted  and  incongruous  projects  of  fac- 
tion, rather  than  the  organ  of  consistent  and  wholesome 
plans,  digested  by  common  counsels,  and  modified  by  mu- 
tual interests. 

However  combinations  and  associations  of  the  above  de- 
scription may  now  and  then  answer  popular  ends,  they  are 
likely,  in  the  course  of  time  and  things,  to  become  potent 
engines,  by  which  cunning,  ambitious,  and  unprincipled 
men,  will  be  enabled  to  subvert  the  power  of  the  people, 
and  to  usurp  for  themselves  the  reins  of  Government;  de- 
stroying, afterward,  the  very  engines  which  had  lifted 
them  to  unjust  dominion. 

Toward  the  preservation  of  your  Grovernment,  and  the 
permanency  of  your  present  happy  state,  it  is  requisite,  not 
only  that  you  steadily  discountenance  irregular  oppositions, 
to  its  acknowledged  authority,  but  also  that  you  resist,  with 
care,  the  spirit  of  innovation  upon  its  principles,  however 
specious  the  pretexts.  One  method  of  assault  may  be  to 
effect,  in  the  forms'  Constitution,  alterations  which  will  im- 
pair the  energy  of  the  system,  and  thus  to  undermine  what 
can  not  be  directly  overthrown.  In  all  the  changes  to 
which  you  may  be  invited,  remember  that  time  and  habit 
are  at  least  as  necessary  to  fix  the  true  character  of  G-ov- 
ernments  as  of  other  human  institutions;  that  experience 
is  the  surest  standard  by  which  to  test  the  real  tendency 
of  the  existing  constitution  of  a  country;  that  facility  in 
changes,  upon  the  credit  of  mere  hypothesis  and  opinion, 
exposes  to  perpetual  change,  from  the  endless  variety  of 
hypothesis  and  opinion;  and  remember,  especially,  that  for 
the  efficient  management  of  your  common  interests,  in  a 
country  so  extensive  as  ours,  a  Government  of  as  much 
vigor  as  is  consistent  with  the  perfect  security  of  liberty, 
is  indispensable.  Liberty  itself  will  find  in  such  a  Gov- 
ernment, with  powers  properly  distributed  and  adjusted,  its 


70  Washington's  farewell  address. 


surest  guardian.  It  is,  indeed,  little  else  tli'an  a  name,  whcro 
the  Grovernment  is  too  feeble  to  withstand  the  enterprises 
of  faction,  to  confine  each  member  of  the  society  within  the 
limits  prescribed  by  the  laws,  and  to  maintain  all  in  the 
secure  and  tranquil  enjoyment  of  the  rights  of  person  and 
property. 

I  have  already  intimated  to  you  the  danger  of  parties  in 
the  State,  with  particular  reference  to  the  founding  of  them 
on  geographical  discriminations.  Let  me  now  take  a  more 
comprehensive  view,  and  warn  you,  in  the  most  solemn 
manner,  against  the  baneful  effects  of  the  spirit  of  party 
generally. 

This  spirit,  unfortunately,  is  inseparable  from  our  nature, 
having  its  root  in  the  strongest  passions  of  the  human 
mind.  It  exists  under  different  shapes,  in  all  Grovernments, 
more  or  less  stifled,  controlled,  or  repressed;  but  in  those 
of  the  popular  form  it  is  seen  in  its  greatest  rankness,  and 
is  truly  their  worst  enemy. 

The  alternate  domination  of  one  faction  over  another, 
sharpened  by  the  spirit  of  revenge,  natural  to  party  dis- 
sension, which,  in  different  ages  and  countries,  has  perpe- 
trated the  most  horrid  enormities,  is  itself  a  frightful  des- 
potism. But  this  leads,  at  length,  to  a  more  formal  and 
permanent  despotism.  The  disorders  and  miseries  which 
result,  gradually  incline  the  minds  of  men  to  seek  security 
and  repose  in  the  absolute  power  of  an  individual ;  and, 
sooner  or  later,  the  chief  of  some  prevailing  faction,  more 
able  or  more  fortunate  than  his  competitors,  turns  this  dis- 
position to  the  purposes  of  his  own  elevation  on  the  ruins 
of  public  liberty. 

Without  looking  forward  to  an  extremity  of  this  kind, 
(which,  nevertheless,  ought  not  to  be  entirely  out  of  sight,) 
the  common  and  continual  mischiefs  of  the  spirit  of  part^ 
are  sufficient  to  make  it  the  interest  and  duty  of  a  wise 
people  to  discourage  and  restrain  it. 

It  serves  always  to  distract  the  public  counsels,  and  en- 
feeble the  public  administration.  It  agitates  the  commu- 
nity with  ill-founded  jealousies  and  false  alarms ;  kindles 
the  animosities  of  one  part  against  another ;  foments,  oc- 
casionally, riot  and  insurrection.     It  opens  the  door  to 


WASHINGTON'S  FAREWELL  ADDRESS. 


71 


foreign  influence  and  corruption,  wMcli  find  a  facilitated 
access  to  the  Grovernment  itself,  through  the  channels  of 
party  passions.  Thus  the  policy  and  the  will  of  one  coun- 
try are  subjected  to  the  policy  and  will  of  another. 

There  is  an  opinion  that  parties,  in  free  countries,  are 
useful  checks  upon  the  administration  of  the  Government, 
and  serve  to  keep  alive  the  spirit  of  liberty.  This,  within 
certain  limits,  is  probably  true;  and  in  Governments  of  a 
monarchical  cast,  patriotism  may  look  with  indulgence,  if 
not  with  favor,  upon  the  spirit  of  party.  But  in  those  of 
the  popular  character,  in  Governments  purely  elective,  it 
is  a  spirit  not  to  be  encouraged.  From  their  natural  tend- 
ency, it  is  certain  there  will  always  be  enough  of  that 
spirit  for  every  salutary  purpose.  And  there  being  con- 
stant danger  of  excess,  the  effort  ought  to  be,  by  force  of 
public  opinion,  to  mitigate  and  assuage  it.  A  fire  not  to  be 
quenched,  it  demands  a  uniform  vigilance  to  prevent  its 
bursting  into  a  flame,  lest,  instead  of  warming,  it  should 
consume. 

It  is  important,  likewise,  that  the  habits  of  thinking,  in 
a  free  country,  should  inspire  caution  in  those  intrusted 
with  its  administration  to  confine  themselves  within  their 
respective  constitutional  spheres,  avoiding  in  the  exercise 
of  one  department,  to  encroach  upon  another.  The  spirit 
of  encroachment  tends  to  consolidate  the  powers  of  all  the 
departments  in  one,  and  thus  to  create,  whatever  the  form 
of  Government,  a  real  despotism.  A  just  estimate  of  that 
love  of  power,  and  proneness  to  abuse  it  which  predomi- 
nates in  the  human  heart,  is  sufl&cient  to  satisfy  us  of  the 
truth  of  this  position.  The  necessity  of  reciprocal  checks 
in  the  exercise  of  political  power,  by  dividing  and  distrib- 
uting it  into  different  depositories,  and  constituting  each 
the  guardian  of  public  weal,  against  invasions  by  the  others, 
has  been  evinced  by  experiments,  ancient  and  modern, 
some  of  them  in  our  own  country,  and  under  our  own 
eyes.  To  preserve  them  must  be  as  necessary  as  to  insti- 
tute them.  If,  in  the  opinion  of  the  people,  the  distribu- 
tion or  modification  of  the  constitutional  powers  be,  in  any 
particular,  wrong,  let  it  be  corrected  by  an  amendment  in 
fclie  way  which  the  Constitution  designates.    But  let  there 


72  Washington's  farewell  address. 


be  no  change  by  usurpation ;  for  thougb  this,  in  one  in- 
stance, may  be  the  instrument  of  good,  it  is  the  customary 
weapon  by  which  free  Governments  are  destroyed.  The 
precedent  must  always  greatly  overbalance,  in  permanent 
evil,  any  partial  or  transient  benefit  which  the  use  can,  at 
any  time,  yield. 

Of  all  the  dispositions  and  habits  which  lead  to  political 
prosperity,  religion  and  morality  are  indispensable  supports. 
In  vain  would  that  man  claim  the  tribute  of  patriotism,  who 
should  labor  to  subvert  these  great  pillars  of  human  hap- 
piness, these  firmest  props  of  the  duties  of  men  and  citizens. 
The  mere  politician,  equally  with  the  pious  man,  ought  to 
respect  and  to  cherish  them.  A  volume  could  not  trace  all 
their  connections  with  private  and  public  felicity.  Let  it 
simply  be  asked,  Where  is  the  security  for  property,  for 
reputation,  for  life,  if  the  sense  of  religious  obligation  desert 
the  oaths  which  are  the  instruments  of  investigation  in  the 
courts  of  justice  ?  And  let  us  with  caution  indulge  the  sup- 
position, that  morality  can  be  maintained  without  religion. 
Whatever  may  be  conceded  to  the  influence  of  refined  edu- 
cation on  minds  of  peculiar  structure,  reason  and  experience 
both  forbid  us  to  expect  that  national  morality  can  prevail 
in  exclusion  of  religious  principles. 

It  is  substantially  true,  that  virtue  or  morality  is  a  nec- 
essary spring  of  popular  Grovernment.  The  rule,  indeed, 
extends  with  more  or  less  force  to  every  species  of  free  Grov- 
ernment. Who,  that  is  a  sincere  friend  to  it,  can  look  with 
indifference  upon  attempts  to  shake  the  foundation  of  the 
fabric  ? 

Promote,  then,  as  an  object  of  primary  importance,  in- 
stitutions for  the  general  difiiision  of  knowledge.  In  pro- 
portion as  the  structure  of  a  Grovernment  gives  force  to  pub- 
lic opinion,  it  is  essential  that  public  opinion  should  be  en- 
lightened. 

As  a  very  important  source  of  strength  and  security, 
cherish  public  credit.  One  method  to  preserve  it  is  to  use 
it  as  sparingly  as  possible ;  avoiding  occasions  of  expense 
by  cultivating  peace,  but  remembering  also  that  timely  dis- 
bursements, to  prepare  for  danger,  frequently  prevent  much 
greater  disbursements  to  repel  it;  avoiding,  likewise^  the 


WASHINGTON'S  FAREWELL  ADDRESS. 


73 


accumulation  of  debt,  not  only  by  shunning  occasion  of  ex- 
pense, but  by  vigorous  exertions  in  time  of  peace  to  discbarge 
the  debts  which  unavoidable  wars  may  have  occasioned, 
not  ungenerously  throwing  upon  posterity  the  burden  which 
we  ourselves  ought  to  bear.  The  execution  of  these  maxims 
belong  to  your  representatives,  but  it  is  necessary  that  pub- 
lic opinion  should  co'operate.  To  facilitate  to  them  the  per- 
formance of  their  duty,  it  is  essential  that  you  should  prac- 
tically bear  in  mind,  that  toward  the  payment  of  debts  there 
must  be  revenue ;  that  to  have  revenue  there  must  be  taxes  ; 
that  no  taxes  can  be  devised  which  are  not  more  or  less  in- 
convenient and  unpleasant ;  that  the  intrinsic  embarrass- 
ment inseparable  from  the  selection  of  the  proper  objects 
(which  is  always  a  choice  of  difficulties)  ought  to  be  a 
decisive  motive  for  a  candid  construction  of  the  conduct  of 
the  Government  in  making  it,  and  for  a  spirit  of  acquiescence 
in  the  measures  for  obtaining  revenue,  which  the  public  exi- 
gencies may  at  that  time  dictate. 

Observe  good  faith  and  justice  toward  all  nations ;  cul- 
tivate peace  and  harmony  with  all ;  religion  and  morality 
enjoin  this  conduct:  and  can  it  be  that  good  policy  does  not 
equally  enjoin  it  ?  It  will  be  worthy  of  a  free,  enlightened, 
and,  at  no  distant  period,  a  great  nation,  to  give  to  mankind 
the  magnanimous  and  too  novel  example  of  a  people  always 
guided  by  an  exalted  justice  and  benevolence.  Who  can 
doubt  that,  in  the  course  of  time  and  things,  the  fruits  of  such 
a  plan  would  richly  repay  any  temporary  advantag-es  which 
might  be  lost  by  a  steady  adherence  to  it?  Can  it  be  that 
Providence  has  not  connected  the  permanent  felicity  of  a 
nation  with  its  virtue  ?  The  experiment,  at  least,  is  recom- 
mended by  every  sentiment  which  ennobles  human  nature. 
Alas!  is  it  to  be  rendered  impossible  by  its  vices? 

In  the  execution  of  such  a  plan,  nothing  is  more  essen- 
tial than  that  permanent  inveterate  antipathies  against  par- 
ticular nations,  and  passianate  attachment  for  others,  should 
be  excluded;  and  that,  .in  place  of  them,  just  and  amicable 
feelings  toward  all  should  be  cultivated.  The  nation  which 
indulges  toward  another  an  habitual  hatred,  or  an  habitual 
fondness,  is,  in  some  degree,  a  slave.  It  is  a  slave  to  its 
animosity  or  its  affection,  either  of  which  is  sufficient  to 
7 


74 


WASHINGTON'S  FAREWELL  ADDRESS. 


lead  it  astray  from  its  duty  and  its  interest.  Antipathy  in 
one  nation  against  another,  disposes  each  more  readily  to  of- 
fer insult  and  injury,  to  lay  hold  of  slight  causes  of  umbrage, 
and  to  be  haughty  and  intractable  when  accidental  or  tri- 
fling occasions  of  dispute  occur.  Hence  frequent  collisions, 
obstinate,  envenomed,  and  bloody  contests.  The  nation, 
prompted  by  ill-will  and  resentment,  sometimes  impels  to 
war  the  Grovernment  contrary  to  the  best  calculations  of  pol- 
icy. The  Grovernment  sometimes  participates  in  the  national 
propensity,  and  adopts,  through  passion,  what  reason  would 
reject ;  at  other  times  it  makes  the  animosity  of  the  nation 
subservient  to  projects  of  hostility,  instigated  by  pride,  am- 
bition, and  other  sinister  and  pernicious  motives.  The  peace 
often,  sometimes  perhaps  the  liberty,  of  nations  has  been 
the  victim. 

So,  likewise,  a  passionate  attachment  of  one  nation  to  an- 
other produces  a  variety  of  evils.  Sympathy  for  the  favor- 
ite nation,  facilitating  the  illusion  of  an  imaginary  common 
interest,  in  cases  where  no  real  common  interest  exists,  and 
infusing  into  one  the  enmities  of  the  other,  betrays  the  for- 
mer into  a  participation  in  the  quarrels  and  wars  of  the  lat- 
ter, without  adequate  inducement  or  justification.  It  leads 
also  to  concessions  to  the  favorite  nation  of  privileges  denied 
to  others,  which  is  apt  doubly  to  injure  the  nation  making  the 
concessions ;  by  unnecessarily  parting  with  what  ought  to 
have  been  retained,  and  by  exciting  jealousy,  ill-will,  and  a 
disposition  to  retaliate  in  the  parties  from  whom  equal  privi- 
leges are  withheld ;  and  it  gives  to  ambitious,  corrupted,  oi 
deluded  citizens  (who  devote  themselves  to  the  favorite  na- 
tion) facility  to  betray,  or  sacrifice  the  interest  of  their  own 
country,  without  odium,  sometimes  even  with  popularity ; 
gilding  with  the  appearance  of  virtuous  sense  of  obligation, 
a  commendable  deference  for  public  opinion,  or  a  laudable 
zeal  for  public  good  the  base  or  foolish  compliances  of  am- 
bition, corruption,  or  infatuation. 

As  avenues  to  foreign  influence,  in  innumerable  ways, 
such  attachments  are  particularly  alarming  to  the  truly  en- 
lightened and  independent  patriot.  How  many  opportuni- 
ties do  they  afford  to  tamper  with  domestic  factions,  to 
practice  the  art  of  seduction,  to  mislead  public  opinion,  to 


WASHINGTON'S  FAREWELL  ADDRESS. 


75 


influence  or  awe  the  pt-blic  councils  I  Such  an  attachment 
of  a  small  or  weak,  toward  a  great  and  powerful  nation, 
dooms  the  former  to  be  the  satellite  of  the  latter. 

Against  the  insidious  wiles  of  foreign  influence  (I  con- 
jure you  to  believe  me,  fellow-citizens)  the  jealousy  of  a  free 
people  ought  to  be  constantly  awake ;  since  history  and  ex- 
perience prove  that  foreign  influence  is  one  of  the  most 
baneful  foes  of  Republican  Government.  But  that  jeal- 
ousy, to  be  useful,  must  be  impartial,  else  it  becomes  the 
instrument  of  the  very  influence  to  be  avoided,  instead  of 
a  defense  against  it.  Excessive  partiality  for  one  foreign 
nation,  and  excessive  dislike  for  another,  cause  those  whom 
they  actuate  to  see  danger  only  on  one  side,  and  serve  to 
veil,  and  even  second  the  arts  of  influence  on  the  other. 
Real  patriots,  who  may  resist  the  intrigues  of  the  favorite, 
are  liable  to  become  suspected  and  odious;  while  its  tools 
and  dupes  usurp  the  applause  and  confidence  of  the  people 
to  surrender  their  interests. 

The  great  rule  of  conduct  for  us,  in  regard  to  foreign  na- 
tions, is,  in  extending  our  commercial  relations,  to  have  with 
them  as  little  political  connection  as  possible.  So  far  as  we 
have  already  formed  engagements,  let  them  be  fulfilled  with 
perfect  good  faith.    Here  let  us  stop. 

Europe  has  a  set  of  primary  interests,  which  to  us  have 
none',  or  a  very  remote  relation.  Hence  she  must  be  en- 
gaged in  frequent  controversies,  the  causes  of  which  are  es- 
sentially foreign  to  our  concerns.  Hence,  therefore,  ii  must 
be  unwise  in  us  to  implicate  ourselves,  by  artificial  ties,  in 
tne  ordinary  vicissitudes  of  her  politics,  or  the  ordinary 
combinations  and  collisions  of  her  friendships  or  enmities. 

Our  detached  and  distant  situation  invites  and  enables  us 
to  pursue  a  diff'erent  course.  If  we  remain  one  people,  un- 
der an  efficient  Grovernment,  the  period  is  not  far  off  when 
we  may  defy  material  injury  from  external  annoyance ;  when 
we  may  take  such  an  attitude  as  will  cause  the  neutrality  we 
may  at  any  time  resolve  upon,  to  be  scrupulously  respected  ; 
when  belligerent  nations,  under  the  impossibility  of  making 
acquisitions  upon  us,  will  not  lightly  hazard  the  giving  us 
provocation;  when  we  may  choose  peace  or  war,  as  our  in- 
terest, guided  by  justice,  shall  counsel. 


76 


Washington's  farewell  address. 


Why  forego  the  advantages  of  such  a  peculiar  situation  ? 
Why  quit  our  own  to  stand  upon  foreign  ground  ?  Why, 
by  interweaving  our  destiny  with  that  of  any  part  of  Europe, 
entangle  our  peace  and  prosperity  in  the  toils  of  European 
ambition,  rivalship,  interest,  humor,  or  caprice? 

It  is  our  true  policy  to  steer  clear  of  permanent  alliances 
with  any  portion  of  the  foreign  world;  so  far,  I  mean,  as  we 
are  now  at  liberty  to  do  it ;  for  let  me  not  be  understood  as 
capable  of  patronizing  infidelity  to  existing  engagements. 
I  hold  the  maxim  no  less  applicable  to  public  than  to  private 
affairs,  that  honesty  is  always  the  best  policy.^  I  repeat  it, 
therefore,  let  those  engagements  be  observed  in  their  genu- 
ine sense.  But,  in  my  opinioji,  it  is  unnecessary,  and  would 
be  unwise  to  extend  them. 

Taking  care  always  to  keep  ourselves,  by  suitable  estab- 
lishments, on  a  respectable  defensive  posture,  we  may  safely 
trust  to  temporary  alliances  for  extraordinary  emergencies. 

Harmony  and  a  liberal  intercourse  with  all  nations,  are 
recommended  by  policy,  humanity,  and  interest.  But  even 
our  commercial  policy  should  hold  an  equal  and  impartial 
hand  ;  neither  seeking  nor  granting  exclusive  favors  or  pref- 
erences; consulting  the  natural  course  of  things;  diffusing 
and  diversifying,  by  gentle  means,  the  streams  of  commerce, 
but  forcing  nothing ;  establishing,  with  powers  so  disposed, 
in  order  to  give  trade  a  stable  course,  to  define  the  rights 
of  our  merchants,  and  to  enable  the  G-overnment  to  sup- 
port conventional  rules  of  intercourse,  the  best^  that  pres- 
ent circumstances  and  mutual  opinions  will  permit,  but  tem- 
porary, and  liable  to  be,  from  time  to  time,  abandoned  or 
varied,  as  experience  and  circumstances  shall  dictate;  con- 
stantly keeping  in  view,  that  it  is  folly  in  one  nation  to  look 
for  disinterested  favors  from  another ;  that  it  must  pay,  with 
a  portion  of  its  independence,  for  whatever  it  may  accept 
ander  that  character ;  that  by  such  acceptance  it  may  place 
itself  in  the  condition  of  having  given  equivalents  for  nom- 
inal favors,  and  yet  of  being  reproached  with  ingratitude  for 
not  giving  more.  There  can  be  no  greater  error  than  to 
expect,  or  calculate  upon,  real  favors  from  nation  to  nation. 
It  is  an  illusion  which  experience  must  cure,  which  a  just 
pride  ought  to  discard. 


Washington's  farewell  address.  77 


In  offering  to  you,  my  countrymen,  these  counsels  of  an 
old  and  affectionate  friend,  I  dare  not  hope  they  will  make 
the  strong  and  lasting  impression  I  could  wish — that  they 
will  control  the  usual  current  of  the  passions,  or  prevent 
our  nation  from  running  the  course  which  has  hitherto 
marked  the  destiny  of  nations — but  if  I  may  even  flatter 
myself  that  they  may  be  productive  of  some  partial  benefit, 
some  occasional  good,  that  they  may  now  and  then  recur  to 
moderate  the  fury  of  party  spirit,  to  warn  against  the  mis- 
chief of  foreign  intrigues,  to  guard  against  the  impostures 
of  pretended  patriotism,  this  hope  will  be  a  full  recompense 
for  the  solicitude  for  your  welfare  by  which  they  have  been 
dictated. 

How  far,  in  the  discharge  of  my  official  duties,  I  have 
been  guided  by  the  principles  which  have  be«n  delineated, 
the  public  records,  and  other  evidences  of  my  conduct,  must 
witness  to  you  and  the  world.  To  myself  the  assurance  of 
my  own  conscience  is,  that  I  have  at  least  believed  myself 
to  be  guided  by  them.  • 

In  relation  to  this  still  subsisting  war  in  Europe,  my 
proclamation  of  the  22d  of  April,  1793,  is  the  index  to 
my  plan.  Sanctioned  by  your  approving  voice,  and  by  that 
of  your  Representatives  in  both  Houses  of  Congress,  the 
spirit  of  that  measure  has  continually  governed  me,  unin- 
fluenced by  any  attempts  to  deter  or  divert  me  from  it. 

After  deliberate  examination,  with  the  aid  of  the  best 
lights  I  could  obtain,  I  was  v/ell  satisfied  that  our  country, 
under  all  the  circumstances  of  the  case,  had  a  right  to  take — 
and  was  bound  in  duty  and  interest  to  take — a  neutral  posi- 
tion. Having  taken  it,  I  determined,  as  far  as  should  de- 
pend upon  me,  to  maintain  it  with  moderation,  persever- 
ance, and  firmness. 

The  considerations  which  respect  the  right  to  hold  this 
conduct,  it  is  not  necessary  on  this  occasion  to  detail.  I 
will  only  observe  that,  according  to  my  understanding  of 
the  matter,  that  right,  so  far  from  being  denied  by  any  of 
the  belligerent  powers,  has  been  virtually  admitted  by  all. 

The  duty  of  holding  a  neutral  conduct  may  be  inferred, 
without  any  thing  more,  from  the  obligation  which  justice 
and  humanity  impose  on  every  nation,  in  cases  in  which  it 


78  Washington's  farewell  address. 


is  free  to  act,  to  maintain  inviolate  tlie  relations  of  peace 
and  amity  toward  other  nations. 

The  inducements  of  interest,  for  observing  that  conduct, 
will  best  be  referred  to  your  own  reflections  and  experience. 
With  me,  a  predominant  motive  has  been  to  endeavor  to 
gain  time  to  our  country  to  settle  and  mature  its. yet  recent 
institutions,  and  to  progress,  without  interruption,  to  that 
degree  of  strength  and  consistency  which  is  necessary  to 
give  it,  humanly  speaking,  the  command  of  its  own  for- 
tunes. 

Though  in  reviewing  the  incidents  of  my  administration,  I 
am  unconscious  of  intentional  error,  I  am,  nevertheless,  too 
sensible  of  my  defects  not  to  think  it  probable  that  I  may 
have  committed  many  errors.  Whatever  they  may  be,  I  fer- 
vently beseech  the  Almighty  to  avert  or  mitigate  the  evils 
to  which  they  may  tend.  I  shall  also  carry  with  me  the 
hope,  that  my  country  will  never  cease  to  view  them  with 
indulgence  ;  and  that,  after  forty-five  years  of  my  life  dedi- 
cated to  its  service  with  an  iTpright  zeal,  the  faults  of  in- 
competent abilities  will  be  consigned  to  oblivion,  as  myself 
must  soon  be  to  the  mansions  of  rest. 

Relying  on  its  kindness  in  this,  as  in  other  things,  and 
actuated  by  that  fervent  love  toward  it  which  is  so  natural 
to  a  man  who  views  in  it  the  native  soil  of  himself  and  his 
progenitors,  I  anticipate,  with  pleasing  expectation,  that 
retreat  in  which  I  promise  myself  to  realize,  without  alloy, 
the  sweet  enjoyment  of  partaking,  in  the  midst  of  my  fel- 
low-citizens, the  benign  influence  of  good  laws  under  a  free 
Grovernment — the  ever-favorite  object  of  my  heart — and  the 
happy  reward,  as  I  trust,  of  our  mutual  cares,  labors,  and 
dangers. 

aEORGE  WASHINGTON. 
United  States,  17th  September,  1796. 


MISSOURI  SLAVERY  COMPROMISE 
OF  1820. 


"When  Missouri  applied  for  admission  into  the  Union,  a 
proposition  was  started  in  Congress  to  prohibit  the  intro- 
duction of  slavery  into  the  new  State.  This  had  the  effect 
of  arraying  the  South  against  the  North — the  slavehold- 
ing  against  the  non-slaveholding  States — and  the  whole 
subject  of  slavery  became  the  exciting  topic  of  debate 
throughout  the  country.  The  question  was  finally  settled 
by  a  Compromise,  which  tolerated  slavery  in  Missouri,  but 
otherwise  prohibited  it  in  all  the  territory  of  the  United 
States  north  and  west  of  the  northern  limits  of  Arkansas. 

As  the  principle  then  settled  has  often  since  been  the 
prolific  source  of  much  sectional  controversy  and  angry 
debate,  and  as  it  is  desirable  that  every  one  should  be 
familiar  with  the  real  provisions  'of  the  act  by  which  Mis- 
souri was  admitted,  we  have  concluded  to  insert  here  so 
much  of  the  law  as  is  necessary  to  a  full  understanding 
of  the  subject.  All  the  sections,  except  the  following,- re- 
late entirely  to  the  formation  of  the  Missouri  territory,  in 
the  usual  form  of  territorial  bills: 

"Sec.  8.  That  in  all  that  territory  ceded- by  France 
to  the  United  States,  under  the  name  of  Louisiana,  which 
lies  north  of  thirty-six  degrees  and  thirty  minutes  north 
latitude,  not  included  within  the  limits  of  the  State  con- 
templated by  this  act,  slavery  and  involuntary  servitude, 
otherwise  than  in  the  punishment  of  crimes,  whereof  the 
parties  shall  be  duly  convicted,  shall  be,  and  is  hereby, 
forever  prohibited.  Provided  always,  That  any  person  es- 
caping into  the  same,  from  whom  labor  or  service  is  law- 
fully claimed,  in  any  State  or  Territory  of  the  United 
States,  such  fugitive  may  be  lawfully  reclaimed  and  con- 
veyed to  the  person  claiming  his  or  her  labor  or  service 
as  aforesaid. 


79 


JACKSON'S  PEOOLAMATION  TO  THE 
SOUTH  CAROLINA  NULLIFIERS. 


The  President  of  the  United  States  to  the  nullifiers  of  South 
Carolina : 

Whereas,  A  convention  assembled  in  the  State  of  Soutli 
Carolina  have  passed  an  ordinance,  by  wbicb  they  declare, 
"  that  the  several  acts  and  parts  of  acts  of  the  Congress  of 
the  United  States,  purporting  to  be  laws  for  the  imposing 
of  duties  and  imposts  on  the  importation  of  foreign  com- 
modities, and  now  having  actual  operation  and  effect  within 
the  United  States,  and  more  especially,"  two  acts  for  the 
Bame  purposes  passed  on  the  29th  of  May,  1828,  and  on 
the  14th  of  July,  1832,  "  are  unauthorized  by  the  Consti- 
tution of  the  United  States,  and  violate  the  true  meaning 
and  intent  thereof,  and  are  null  and  void,  and  no  law,"  nor 
binding  on  the  citizens  of  that  State  or  its  officers;  and  by 
the  said  ordinance,  it  is  further  declared  to  be  unlawful,  for 
any  of  the  constituted  authorities  of  the  State  or  of  the 
United  States  to  enforce  the  payment  of  the  duties  imposed 
by  the  said  acts  with  the  same  State,  and  that  it  is  the 
duty  of  the  Legislature  to  pass  such  laws  as  may  be  neces- 
sary to  give  full  effect  to  the  said  ordinance : 

And,  whereas.  By  the  said  ordinance,  it  is  further  or- 
dained that  in  no  case  of  law  or  equity  decided  in  the 
courts  of  said  State,  wherein  shall  be  drawn  in  question 
the  validity  of  the  said  ordinance,  or  of  the  acts  of  the 
Legislature  that  may  be  passed  to  give  it  effect,  or  of  the 
said  laws  of  the  United  States,  no  appeal  shall  be  allowed 
to  the  Supreme  Court  of  the  United  States,  nor  shall  any 
copy  of  the  record  be  permitted  or  allowed  for  that  pur- 
pose ;  and  that  any  person  attempting  to  take  such  appeal 
shall  be  punished  as  for  a  contempt  of  court : 

And,  finally,  the  said  ordinance  declares  that  the  people 
of  South  Carolina  will  maintain  the  said  ordinance  at  every 
*  80 


PROCLAMATION  OF  ANDREW  JACKSON. 


81 


hazard ;  and  that  they  will  consider  the  passage  of  any  act, 
by  Congress,  abolishing  or  closing  the  ports  of  the  said 
Rtat€,  or  otherwise  obstructing  the  free  ingress  or  egress  of 
vessels  to  and  from  the  said  ports,  or  any  other  act  of  the 
Federal  Grovernment  to  coerce  the  State,  shut  up  her  ports, 
destroy  or  harass  her  commerce,  or  to  enforce  the  said  act 
otherwise  than  through  the  civil  tribunals  of  the  country, 
as  inconsistent  with  the  longer  continuance  of  South  Caro- 
lina in  the  Union,  and  that  the  people  of  the  said  State  will 
thenceforth  hold  themselves  absolved  from  all  further  obli- 
gation to  maintain  or  preserve  their  political  connection  with 
the  people  of  the  other  States,  and  will  forthwith  proceed  to 
organize  a  separate  government  and  do  all  other  acts  and 
things  which  sovereign  and  independent  States  may  of 
right  do. 

And,  whereas.  The  said  ordinance  prescribes  to  the  peo- 
ple of  South  Carolina  a  course  of  conduct  in  direct  viola- 
tion of  their  duty  as  citizens  of  the  United  States,  contrary 
to  the  laws  of  their  country,  subversive  of  its  Constitution, 
and  having  for  its  object  the  destruction  of  the  Union — 
that  Union,  which,  coeval  with  our  political  existence,  led 
our  fathers,  without  any  other  ties  to  unite  them  than  those 
of  patriotism  and  a  coinmon  cause,  through  a  sanguinary 
struggle  to  a  glorious  independence — that  sacred  Union, 
hitherto  inviolate,  which,  perfected  by  our  hap^y  Consti- 
tution, has  brought  us,  by  the  favor  of  Heaven,  to  a  state 
of  prosperity  at  home,  and  high  consideration  abroad,  rarely, 
if  ever,,  equaled  in  the  history  of  nations.  To  preserve  this 
bond  of  our  political  existence  from  destruction,  to  maintain 
inviolate  this  state  of  national  honor  and  prosperity,  and  to 
justify  the  confidence  my  fellow-citizens  have  reposed  in  me, 
I,  Andrew  Jackson,  President  of  the  United  States,  have 
thought  proper  to  issue  this,  my  Proclamation,  stating 
my  views  of  the  Constitution  and  laws  applicable  to  the 
measures  adopted  by  the  Convention  of  South  Carolina,  and 
to  the  reasons  they  have  put  forth  to  sustain  them,  declaring 
the  course  which  duty  will  require  me  to  pursue,  and,  appeal- 
ing to  the  understanding  and  patriotism  of  the  people,  warn 
them  of  the  consequences  that  must  inevitably  result  from 
an  observance  of  the  dictates  of  the  convention. 


82 


PROCLAMATION  OP  ANDREW  JACKSON. 


Strict  duty  would  require  of  me  nothing  more  than  the 
exercise  of  those  powers  with  which  I  am  now,  or  may  here- 
after be  invested,  for  preserving  the  peace  of  the  Union,  and 
for  the  execution  of  the  laws.  But  the  imposing  aspect 
which  opposition  has  assumed  in  this  case,  by  clothing  itself 
with  State  authority,  and  the  deep  interest  which  the  peo- 
ple of  the  United  States  must  all  feel  in  preventing  a  resort 
to  stronger  measures,  while  there  is  a  hope  that  any  thing 
will  be  yielded  to  reasoning  and  remonstrance,  perhaps  de- 
mand, and  will  certainly  justify,  a  full  exposition  to  South 
Carolina  and  the  nation  of  the  views  I  entertain  of  this 
important  question,  as  well  as  a  distinct  enunciation  of 
the  course  which  my  sense  of  duty  will  require  me  to  pur- 
sue. 

The  ordinance  is  founded,  not  on  the  indefeasible  right  of 
resisting  acts  which  are  plainly  unconstitutional,  and  too  op- 
pressive to  be  endured ;  but  on  the  strange  position  that  any 
one  State  may  not  only  declare  an  act  void,  but  prohibit  its 
execution — that  they  may  do  this  consistently  with  the  Con- 
stitution— that  the  true  construction  of  that  instrument  per- 
mits a  State  to  retain  its  place  in  the  Union,  and  yet  be  bound 
by  no  other  of  its  laws  than  those  it  may  choose  to  consider 
as  constitutional.  It  is  true,  they  add,  that  to  justify  this 
abrogation  of  law,  it  must  be  palpably  contrary  to  the  Con- 
stitution; but  it  is  evident,  that  to  give  the  right  of  resist- 
ing laws  of  that  description,  coupled  with  the  uncontrolled 
right  to  decide  what  laws  deserve  that  character,  is  to  give 
the  power  of  resisting  all  laws.  For,  as  by  the  theory, 
there  is  no  appeal,  the  reasons  alleged  by  the  State,  good 
or  bad,  must  prevail.  If  it  should  be  said  that  public  opin- 
ion is  a  sufficient  check  against  the  abuse  of  this  power,  it 
may  be  asked  why  it  is  not  deemed  a  sufficient  guard  against 
an  unconstitutional  act  of  Congress  ?  There  is,  however,  a 
restraint  in  this  last  case,  which  makes  the  assumed  power 
of  a  State  more  indefensible,  and  which  does  not  exist  in 
the  other.  There  are  two  appeals  from  an  unconstitutional 
act  passed  by  Congress — one  to  the  judiciary,  the  other  to 
the  people  and  the  States.  There  is  no  appeal  from  the 
State  decision  in  theory,  and  the  practical  illustration  show^s 
that  the  courts  are  closed  against  an  application  to  revise  it. 


PROCLAMATION  OP  ANDREW  JACKSON.  83 


both  judges  and  jurors  being  sworn  to  decide  in  its  favor. 
But  reasoning  on  this  subject  is  superfluous,  wlaen  our  so- 
cial compact,  in  express  terms,  declares  that  the  laws  of  the 
United  States,  its  Constitution,  and  treaties  made  under  it, 
are  the  supreme  law  of  the  land ;  and,  for  the  greater  cau- 
tion, adds  "  that  the  judges  in  every  State  shall  be  bound 
thereby,  any  thing  in  the  Constitution  or  laws  of  any  State 
to  the  contrary  notwithstanding."  And  it  may  be  asserted, 
without  fear  of  refutation,  that  no  Federal  Government 
could  exist  without  a  similar  provision.  Look  for  a  moment 
to  the  consequence.  If  South  Carolina  considers  the  reve- 
nues unconstitutional,  and  has  a  right  to  prevent  their  ex- 
ecution in  the  port  of  Charleston,  there  would  be  a  clear 
constitutional  objection  to  their  collection  in  every  other 
port,  and  no  revenue  could  be  collected  anywhere;  for  all 
imposts  must  be  equal.  It  is  no  answer  to  repeat,  that  an 
unconstitutional  law  is  no  law,  so  long  as  the  question  of 
its  legality  is  to  be  decided  by  the  State  itself;  for  every 
law  operating  injuriously  upon  any  local  interest  will  be, 
perhaps,  thought,  and  certainly  represented,  as  unconstitu- 
tional ;  and,  as  has  been  shown,  there  is  no  appeal. 

If  this  doctrine  had  been  established  at  an  earlier  day, 
the  Union  would  have  been  dissolved  in  its  infancy.  The 
excise  law  in  Pennsylvania,  the  embargo  and  non-intercourse 
law  in  the  eastern  States,  the  carriage  tax  in  Virginia,  were 
all  deemed  unconstitutional,  and  were  more  unequal  in  their 
operation  than  any  of  the  laws  now  complained  of;  but  for- 
tunately none  of  those  States  discovered  that  they  had  the 
right  now  claimed  by  South  Carolina.  The  war  into  which 
we  were  forced  to  support  the  dignity  of  the  nation  and  the 
rights  of  our  citizens,  might  have  ended  in  defeat  and  dis- 
grace instead  of  victory  and  honor,  if  the  States  who  sup- 
posed it  a  ruinous  and  unconstitutional  measure,  had  thought 
they  possessed  the  right  of  nullifying  the  act  by  which  it 
was  declared,  and  denying  supplies  for  its  prosecution. 
Hardly  and  unequally  as  those  measures  bore  upon  several 
members  of  the  Union,  to  the  legislatures  of  none  did  this 
efficient  and  peaceable  remedy,  as  it  is  called,  suggest  itself. 
The  discovery  of  this  important  feature  in  our  Constitution 
was  reserved  to  the  present  day.    To  the  statesmen  of  South 


S4:  PROCLAMATION  OP  ANDREW  JACKSON. 

Carolina  belongs  tlie  invention,  and  upon  the  citizens  of  that 
State  will  unfortunately  fall  the  evils  of  reducing  it  to  prac- 
tice. 

If  the  doctrine  of  a  State  veto  upon  the  laws  of  the 
Union  carries  with  it  internal  evidence  of  its  impracticable 
absurdity,  our  constitutional  history  will  also  afford  abund- 
ant proof  that  it  would  have  been  repudiated  with  indigna- 
tion had  it  been  proposed  to  form  a  feature  in  our  G-ov- 
evnment. 

In  our  colonial  state,  although  dependent  on  another 
power,  we  very  early  considered  ourselves  as  connected  by 
common  interest  with  each  other.  Leagues  were  formed 
I'or  common  defense,  and,  before  the  Declaration  of  Inde- 
pendence, we  were  known  in  our  aggregate  character  as 
the  United  Colonies  of  America.  That  decisive  and  im- 
portant step  was  taken  jointly.  We  declared  ourselves  a 
nation  by  a  joint,  not  by  several  acts,  and  when  the  terms 
of  our  Confederation  were  reduced  to  form,  it  was  that  of 
a  solemn  league  of  several  States,  by  which  they  agreed 
that  they  would  collectively  form  one  nation  for  the  pur- 
pose of  conducting  some  certain  domestic  concerns  and  all 
foreign  relations.  In  the  instrument  forming  that  Union 
is  found  an  article  which  declares  that  "  every  State  shall 
abide  by  the  determination  of  Congress  on  all  questions 
which,  by  that  Confederation,  should  be  submitted  to 
them." 

Under  the  Confederation,  then,  no  State  could  legally 
annul  a  decision  of  the  Congress,  or  refuse  to  submit  to  its 
execution ;  but  no  provision  was  made  to  enforce  these  de- 
cisions. Congress  made  requisitions,  but  they  were  not 
complied  with.  The  Government  could  not  operate  on  in- 
dividuals. They  had  no  judiciary,  no  means  of  collecting 
revenue. 

But  the  defects  of  the  Confederation  need  not  be  de- 
tailed. Under  its  operation  we  could  scarcely  be  called  a 
nation.  We  had  neither  prosperity  at  home  nor  consid- 
eration abroad.  This  state  of  things  could  not  be  endured, 
and  our  present  happy  Constitution  was  formed,  but  formed 
in  vain,  if  this  fatal  doctrine  prevails.  It  was  formed  for 
important  objects  that  are  announced  in  th^  preamble  made 


PROCLAMATION  OF  ANDREW  JACKSON. 


85 


in  the  name  and  by  the  authority  of  the  people  of  the 
United  States,  whose  delegates  framed,  and  whose  conven- 
tions approved  it.  The  most  important  among  those  ob- 
jects, that  which  is  placed  first  in  rank,  on  which  all  others 
rest,  is,  "  to  form  a  more  perfect  Union."  Now,  is  it  pos- 
sible that  even  if  there  were  no  express  provision  giving 
supremacy  to  the  Constitution  and  laws  of  the  United 
States — can  it  be  conceived,  that  an  instrument  made  for 
the  purpose  of  "  forming  a  more  perfect  Union  "  than  that 
of  the  Confederation,  could  be  so  constructed  by  the  as- 
sembled wisdom  of  our  country  as  to  substitute  for  that 
Confederation  a  form  of  government  dependent  for  its  exr 
istence  on  the  local  interest,  the  party  spirit  of  a  State,  or 
of  a  prevailing  faction  in  a  State?  Every  man  of  .plain, 
unsophisticated  understanding,  who  hears  the  question,  will 
give  such  an  answer  as  will  preserve  the  Union.  Meta- 
physical subtlety,  in  pursuit  of  an  impracticable  theory, 
could  alone  have  devised  one  that  is  calculated  to  destroy  it. 

I  consider,  then,  the  power  to  annul  a  law  of  the  United 
States,  assumed  by  one  State,  incompatible  with  the  exist- 
ence of  the  Union,  contradicted  expressly  by  the  letter  of 
the  Constitution,  unauthorized  by  its  spirit,  inconsistent 
with  every  principle  on  which  it  was  founded,  and  destruc- 
tive of  the  great  object  for  which  it  was  formed. 

After  this  general  view  of  the  leading  principle,  we  must 
examine  the  particular  application  of  it  which  is  made  in 
the  ordinance. 

The  preamble  rests  its  justification  on  these  grounds :  It 
assumes,  as  a  fact,  that  the  obnoxious  laws,  although  they 
purport  to  be  laws  for  raising  revenue,  were  in  reality  in- 
tended for  the  protection  of  manufactures,  which  purpose 
it  asserts  to  be  unconstitutional ;  that  the  operation  of  these 
laws  is  unequal ;  that  the  amount  raised  by  them  is  greater 
than  is  required  by  the  wants  of  the  Grovernment;  and, 
finally,  that  the  proceeds  are  to  be  applied  to  objects  un- 
authorized by  the  Constitution.  These  are  the  only 
causes  alleged  to  justify  an  open  opposition  to  the  laws  of 
the  country,  and  a  threat  of  seceding  from  the  Union,  if 
any  attempt  should  be  made  to  enforce  them.  The  first 
virtually  acknowledges  that  the  law  in  question  was  passed 


86 


PROCLAMATION  OF  ANDREW  JACKSON. 


under  a  power  expressly  given  by  the  Constitution  to  lay 
and  collect  imposts;  but  its  constitutionality  is  diawn  in 
question  from  the  motives  of  those  who  passed  it.  How- 
ever apparent  this  purpose  may  be  in  the  present  case, 
nothing  can  be  more  dangerous  than  to  admit  the  position 
that  an  unconstitutional  purpose,  entertained  by  the  mem- 
bers who  assent  to  a  law  enacted  under  constitutional  power, 
shall  make  the  law  void:  for  how  is  that  purpose ^to  be  as- 
certained? How  often  may  bad  purposes  be  falsely  im- 
puted— in  how  many  cases  are  they  concealed  by  false  pro- 
fessions— in  how  many  is  no  declaration  of  motive  made? 
Admit  this  doctrine,  and  you  give  to  the  States  an  uncon- 
trolled right  to  decide,  and  every  law  may  be  annulled 
under  this  pretext.  If,  therefore,  the  absurd  and  danger- 
ous doctrine  should  be  admitted,  that  a  State  may  annul 
an  unconstitutional  law,  or  one  that  it  deems  such,  it  will 
not  apply  to  the  present  case. 

The  next  objection  is,  that  the  laws  in  question  operate 
unequally.  This  objection  may  be  made  with  truth  to 
every  law  that  has  been  or  may  be  passed.  The  wisdom 
of  man  never  yet  contrived  a  system  of  taxation  that  would 
operate  with  perfect  equality.  If  the  unequal  operation 
of  a  law  makes  it  unconstitutional,  and  if  all  laws  of  that 
description  may  be  abrogated  by  any  State  for  that  cause, 
then  indeed  is  the  Federal  Constitution  unworthy  the 
slightest  effort  for  its  preservation.  We  have  hitherto  re- 
lied on  it  as  the  perpetual  bond  of  our  Union.  We  have 
received  it  as  the  work  of  the  assembled  wisdom  of  the 
nation.  We  have  trusted  to  it  as  the  sheet  anchor  of  our 
safety  in  the  stormy  times  of  conflict  with  a  foreign  or 
domestic  foe.  We  have  looked  to  it  with  sacred  awe  as 
the  palladium  of  our  liberties,  and  with  all  the  solemnities 
of  religion  have  pledged  to  each  other  our  lives  and  for- 
tunes here,  aud  our  hopes  of  happiness  hereafter,  in  its 
defense  and  support.  Were  we  mistaken,  my  countrymen, 
in  attaching  this  importance  to  the  Constitution  of  our 
country?  Was  our  devotion  paid  to  the  wretched,  ineffi- 
cient, clumsy,  contrivance  which  this  new  doctrine  would 
make  it?  Did  we  pledge  ourselves  to  the  support  of  an 
airy  nothing — a  bubble,  that  must  be  blown  away  by  the 


PROCLAMATION  OF  ANDREW  JACKSON. 


87 


first  breath  of  dissatisfaction?  Was  this  self-destroying, 
visionary  theory,  the  work  of  the  profound  statesmen,  the 
exalted  patriots,  to  whom  the  task  of  constitutional  reform 
Tras  intrusted?  Did  the  name  of  "Washington  sanction, 
did  the  States  deliberately  ratify  such  an  anamoly  in  the 
history  of  fundamental  legislation?  No.  We  were  not 
mistaken.  The  letter  of  this  great  instrument  is  free  from 
this  radical  fault;  its  language  directly  contradicts  the  im- 
putation; its  spirit — its  evident  intent,  contradicts  it.  No, 
we  did  not  err  !  Our  Constitution  does  not  contain  the  ab- 
surdity of  giving  power  to  make  laws,  and  another  power 
to  resist  them.  The  sages  whose  memory  will  always  be 
reverenced,  have  given  us  a  practical,  and,  as  they  hoped, 
a  permanent  constitutional  compact.  The  Father  of  his 
Country  did  not  affix  his  revered  name  to  so  palpable  an 
absurdity.  Nor  did  the  States,  when  they  severally  ratified 
it,  do  so  under  the  impression  that  a  veto  on  the  laws 
of  the  United  States,  was  reserved  to  them,  or  that  they 
could  exercise  it  by  implication.  Search  the  debates  in  all 
their  conventions,  examine  the  speeches  of  the  most  zealous 
opposers  of  federal  authority,  look  at  the  amendments  that 
were  proposed ;  they  are  all  silent — not  a  syllable  uttered, 
not  a  vote  given,  not  a  motion  made,  to  correct  the  explicit 
supremacy  given  to  the  laws  of  the  Union  over  those  of 
the  States,  or  to  show  that  implication,  as  is  now  con- 
tended, could  defeat  it.  No,  we  have  not  erred  !  The 
Constitution  is  still  the  object  of  our  reverence,  the  bond 
of  our  Union,  our  defense  in  danger,  the  source  of  our 
prosperity  in  peace;  it  shall  descend  as  we  received  it,  un- 
corrupted,  by  sophistical  construction,  to  our  posterity,  and 
the  sacrifices  of  local  interest,  of  State  prejudices,  of  per- 
sonal animosities,  that  were  made  to  bring  it  into  existence, 
will  again  be  patriotically  ofi'ered  for  its  support. 

The  two  remaining  objections  made  by  the  ordinance  to 
these  laws,  are  that  the  sums  intended  to  be  raised  by  them 
are  greater  than  are  required,  and  that  the  proce-eds  will  be 
unconstitutionally  employed. 

The  Constitution  has  given,  expressly,  to  Congress  the 
right  of  raising  revenue,  and  of  determining  the  sum  the 
public  exigencies  will  require.    The  States  have  no  con- 


88 


PROCLAMATION  OP  ANDREW  JACKSON. 


trol  over  the  exercise  of  this  right,  other  than  that  which 
results  from  the  power  of  chaDging  the  representatives 
who  abuse  it,  and  thus  procure  redress.  Congress  may, 
undoubtedly,  abuse  this  discretionary  power  ;  but  the 
same  may  be  said  of  others  with  which  they  are  vested. 
Yet  this  discretion  must  exist  somewhere.  The  Constitu- 
tion has  given  it  to  the  representatives  of  all  the  people, 
checked  by  the  representatives  of  the  States  and  by  the 
executive  pov/er.  The  South  Carolina  construction  gives 
it  to  the  legislature  or  the  convention  of  a  single  State, 
where  neither  the  people  of  the  different  States,  nor  the 
States  in  their  separate  capacity,  nor  the  chief  magistrate 
elected  by  the  people,  have  any  representation.  Which  is 
the  most  discreet  disposition  of  the  power?  I  do  not  ask 
you,  fellow-citizens,  which  is  the  constitutional  disposition ; 
that  instrument  speaks  a  languajge  not  to  be  misunderstood. 
But  if  you  were  assembled  in  general  convention,  which 
would  you  think  the  safest  depository  of  this  discretionary 
power  in  the  last  resort?  Would  you  add  a  clause  giving 
it  to  each  of  the  States,  or  would  you  sanction  the  wise 
provisions  already  made  by  your  Constitution?  If  this 
should  be  the  result  of  your  deliberations  when  providing 
for  the  future,  are  you,  can  you  be  ready  to  risk  all  that 
we  hold  dear  to  establish,  for  a  temporary  and  a  local  pur- 
pose, that  which  you  must  acknowledge  to  be  destructive, 
and  even  absurd,  as  a  general  provision?  Carry  out  the 
consequences  of  this  right  vested  in  the  different  States, 
and  you  must  perceive  that  the  crisis  your  conduct  pre- 
sents at  this  day  would  recur  whenever  any  law  of  the 
United  States  displeased  any  of  the  States,  and  that  we 
should  soon  cease  to  be  a  nation. 

The  ordinance,  with  the  same  knowledge  of  the  future 
that  characterizes  a  former  objection,  tells  you  that  the 
proceeds  of  the  tax  will  be  unconstitutionally  applied.  If 
this  could  be  ascertained  with  certainty,  the  objection  would, 
with  more  propriety,  be  reserved  for  the  law  so  applying 
the  proceeds,  but  surely  can  not  be  urged  against  the  laws 
levying  the  duty. 

These  are  the  allegations  contained  in  the  ordinance.  Ex- 
amine them  seriously,  my  fellow-citizens;  judge  for  your* 


PROCLAMATION  OF  ANDREW  JACKSON, 


89 


selves.  I  appeal  to  you  to  determine  whether  they  are  so 
clear,  so  convincing,  as  to  leave  no  doubt  of  their  correct- 
ness;  and  even  if  you  should  come  to  this  conclusion,  how 
far  they  justify  the  reckless,  destructive  course  which  you 
are  directed  to  pursue.  Review  these  objections,  and  the 
conclusions  drawn  from  them,  once  more,  What  are  they? 
Every  law,  then,  for  raising  revenue,  according  to  the  South 
Carolina  ordinance,  may  be  rightfully  annulled,  unless  it  be 
so  framed  as  no  law  ever  will  or  can  be  framed.  Congress 
has  the  right  to  pass  laws  for  raising  a  revenue,  and  each 
State  has  a  right  to  oppose  their  execution — two  rights 
directly  opposed  to  each  other  ;  and  yet  is  this  absurdity 
supposed  to  be  contained  in  an  instrument  drawn  for  the 
express  purpose  of  avoiding  collisions  between  the  States 
and  the  G-eneral  Grovernment,  by  an  assembly  of  the  most 
enlightened  statesmen  and  purest  patriots  ever  embodied 
for  a  similar  purpose. 

In  vain  have  these  sages  declared  that  Congress  shall  have 
power  to  lay  and  collect  taxes,  duties,  imposts,  and  excises; 
in  vain  have  they  provided  that  they  shall  have  power  to 
pass  laws  which  shall  be  necessary  and  proper  to  carry  those 
powers  into  execution ;  that  those  laws  and  that  Constitu- 
tion shall  be  the  "  supreme  law  of  the  land,  and  that  the 
judges  in  every  State  shall  be  bound  thereby,  any  thing  in 
the  Constitution  or  laws  of  any  State  to  the  contrary  not- 
withstanding." In  vain  have  the  people  of  the  several 
States  solemnly  sanctified  these  provisions,  made  them  their 
paramount  law,  and  individually  sworn  to  support  them 
whenever  they  were  called  on  to  execute  any  office.  Yain 
provision  !  ineffectual  restrictions  !  vile  profanation  of  oaths ! 
miserable  mockery  of  legislation  !  if  the  bare  majority  of 
the  voters  in  any  one  State  may,  on  a  real  or  supposed 
knowledge  of  the  intent  with  which  a  law  has  been  passed, 
declare  themselves  free  from  its  operation — say  here  it  gives 
too  little,  there  too  much,  and  operates  unequally — here  it 
suffers  articles  to  be  free  that  ought  to  be  taxed — there  it 
taxes  those  that  ought  to  be  free — in  this  case  the  proceeds 
are  intended  to  be  applied  to  purposes  which  we  do  not  ap- 
prove— in  that  the  amount  raised  is  more  than  is  wanted. 
Congress,  it  is  true,  is  invested  by  the  Constitution  with 


90 


PROCLAMATION  OF  ANDREW  JACKSON. 


the  right  of  deciding  these  questions  according  to  their  sound 
discretion ;  Congress  is  composed  of  the  representatives  of 
albthe  States,  and  of  all  the  people  of  all  the  States;  but 
we,  part  of  the  people  of  one  State,  to  whom  the  Constitu- 
tion has  given  no  power  on  the  subject,  from  whom  it  has 
expressly  taken  it  away — we,  who  have  solemnly  agreed 
that  this  Constitution  shall  be  our  law — we,  most  of  whom 
have  sworn  to  support  it — we  now  abrogate  this  law,  and 
swear,  and  force  others  to  swear  that  it  shall  not  be  obeyed  ; 
and  we  do  this,  not  because  Congress  have  no  right  to  pass 
such  laws — this  we  do  not  allege — but  because  they  have 
passed  them  with  improper  views.  They  are  unconstitu- 
tional from  the  motives  of  those  who  passed  them,  which 
we  can  never  with  certainty  know;  from  their  unequal 
operation,  although  it  is  impossible,  from  the  nature  of 
things,  that  they  should  be  equal ;  and  from  the  disposition 
which  we  presume  may  be  made  of  their  proceeds,  although 
that  disposition  has  not  been  declared.  This  is  the  plain 
meaning  of  the  ordinance,  in  relation  to  laws  which  it  ab- 
rogates for  alleged  unconstitutionality.  But  it  does  not  stop 
there.  It  repeals,  in  express  terms,  an  important  part  of 
the  Constitution  itself,  and  of  laws  passed  to  give  it  effect, 
which  have  never  been  alleged  to  be  unconstitutional.  The 
Constitution  declares  that  the  judicial  powers  of  the  United 
States  extend  to  cases  arising  under  the  laws  of  the  United 
States ;  and  that  such  laws,  the  Constitution  and  treaties, 
shall  be  paramount  to  the  State  Constitutions  and  laws.  The 
judiciary  act  prescribes  the  mode  by  which  the  case  may 
be  brought  before  a  court  of  the  United  States  by  appeal, 
when  a  State  tribunal  shall  decide  against  this  provision  of 
the  Constitution.  The  ordinance  declares  that  there  shall 
be  no  appeal,  makes  the  State  law  paramount  to  the  Con- 
stitution and  laws  of  the  United  States,  forces  judges  and 
jurors  to  swear  that  they  will  disregard  their  provisions, 
and  even  makes  it  penal  in  a  suit  to  attempt  relief  by  appeal. 
It  further  declares  that  it  shall  not  be  lawful  for  the  author- 
ities of  the  United  States,  or  of  that  State,  to  enforce  the 
payment  of  duties  imposed  by  the  revenue  laws  within  its 
limits. 

Here  is  a  law  of  the  United  States,  not  even  pretended 


PROCLAMATION  OF  ANDREW  JACKSON.  91 


to  be  unconstitutional,  repealed  by  the  authority  of  a  small 
majority  of  the  voters  of  a  single  State.  Here  is  a  provis- 
ion of  the  Constitution,  which  is  solemnly  abrogated  by  the 
same  authority. 

On  such  expositions  and  reasonings,  the  ordinance  grounds 
not  only  an  assertion  of  the  right  to  annul  the  laws,  of 
which  it  complains,  but  to  enforce  it  by  a  threat  of  seceding 
from  the  Union,  if  any  attempt  is  made  to  execute  tl  m. 

This  right  to  secede  is  deduced  from  the  nature  of  the 
Constitution,  which  they  say  is  a  compact  between  sovereign 
States,  who  have  preserved  their  whole  sovereignty,  and 
therefore  are  subject  to  no  superior  ;  that  because  they  made 
the  compact,  they  can  break  it,  when,  in  their  opinion,  it 
has  been  departed  from  by  other  States.  Fallacious  as  this 
course  of  reasoning  is,  it  enlists  State  pride,  and  finds  ad- 
vocates in  the  honest  prejudices  of  those  who  have  not 
studied  the  nature  of  our  government  sufficiently  to  see  the 
radical  error  on  which  it  rests. 

The  people  of  the  United  States  formed  the  Constitu- 
tion, acting  through  the  State  Legislatures  in  forming  the 
compact,  to  meet  and  discuss  its  provisions,  and  acting  in 
separate  conventions  when  they  ratified  those  provisions ; 
but  the  terms  used  in  its  construction  show  it  to  be  a  gov- 
ernment in  which  the  people  of  all  the  States  collectively 
are  represented.  We  are  one  people  in  the  choice  of -Pres- 
ident and  Vice-President.  Here  tho  States  have  no  other 
agency  than  to  direct  the  mode  in  which  the  votes  shall 
be  given.  The  candidates  having  a  majority  of  all  the 
votes  are  chosen.  The  electors  of  a  majority  of  States 
may  have  given  their  votes  for  one  candidate,  and  yet 
another  may  be  chosen.  The  people,  then,  and  not  the 
States,  are  represented  in  the  executive  branch. 

In  the  House  of  Ptepresentatives  there  is  this  difi'er- 
ence:  that  the  people  of  one  State  do  not,  as  in  the  case 
of  President  and  Vice-President,  all  vote  for  the  same 
officers.  The  people  of  all  the  States  do  not  vote  for  all 
the  members,  each  State  electing  only  its  own  Represent- 
atives. But  this  creates  no  national  distinction,'  When 
chosen,  they  are  all  Representatives  of  the  United  States, 
not  representatives  of  the  particular  State  from  whence 


92  PROCLAMATION  OF  ANDREW  JACKSON. 


they  come.  They  are  paid  by  the  United  States,  not  bj 
the  State ;  nor  are  they  accountable  to  it  for  any  act  done 
in  the  performance  of  their  legislative  functions ;  and  how- 
ever they  may,  in  practice,  as  it  is  their  duty  to  do,  con- 
sult and  prefer  the  interests  of  their  particular  constituents, 
when  they  come  in  conflict  with  any  other  partial  or  local 
interest,  yet  it  is  the  first  and  highest  duty  of  a  Repre- 
sentative of  the  United  States  to  promote  the  genera] 
good. 

The  Constitution  of  the  United  States,  then,  forms  a 
government^  not  a  league;  and  whether  it  be  formed  by 
compact  between  the  States,  or  in  any  other  manner,  its 
character  is  the  same.  It  is  a  government  in  which  all 
the  people  are  represented,  which  operates  directly  on  the 
people  individually,  not  upon  the  States ;  they  retained 
all  the  power  they  did  not  grant.  But  each  State  having 
expressly  parted  with  so  many  powers,  as  to  constitute 
jointly  with  the  other  States  a  single  nation,  can  not,  from 
that  period,  possess  any  right  to  secede,  because  such  se- 
cession does  not  break  a  league,  but  destroys  the  unity  of 
a  nation ;  and  any  injury  to  that  unity  is  not  only  a  breach, 
which  would  result  from  the  contravention  of  a  compact, 
but  it  is  an  offense  against  the  whole  Union.  To  say  that 
any  State  may  at  pleasure  secede  from  the  Union,  is  to 
say  that  the  United  States  are  not  a  nation;  because  it 
would  be  a  solecism  to  contend,  that  any  part  of  a  nation 
might  dissolve  its  connection  with  the  other  parts,  to  their 
injury  or  ruin,  without  committing  any  offense.  Secession, 
like  any  other  revolutionary*  act,  may  be  morally  justified 
by  the  extremity  of  oppression  ;  but  to  call  it  a  constitu- 
tional right  is  confounding  the  meaning  of  the  terms;  and 
can  only  be  done  through"  gross  error,  or  to  deceive  those 
who  are  willing  to  assert  a  right,  but  would  pause  before 
they  made  a  revolution,  or  incur  the  penalties  consequent 
on  a  failure. 

Because  the  Union  was  formed  by  compact,  it  is  said 
the  parties  to  that  compact  may,  when  they  feel  them- 
selves aggrieved,  depart  from  it ;  but  it  is  precisely  be- 
cause it  is  a  compact  that  they  can  not.  A  compact  is  an 
agreement  or  binding  obli^ratioo.     It  may,  by  its  terms, 


PEOCLAMATION  OF  AXDKEW  JACKSON. 


93 


have  a  sanction  or  penalt)?  for  its  breach,  or  it  may  not. 
If  it  contains  no  sanction,  it  niay  be  broken,  with  no  other 
conse(iuences  than  moral  guilt;  if  it  have  a  sanction,  then 
the  breach  incurs  the  designated  or  implied  penalty.  A 
league  between  independent  nations  generally  has  no  sanc- 
tion other  than  a  moral  one;  or,  if  it  should  contain  a 
penalty,  as  there  is  no  common  superior,  it  can  not  be 
enforced.  A  government,  on  the  contrary,  always  has  a 
sanction,  express  or  implied;  and,  in  our  case,  it  is  both 
necessarily  implied  and  expressly  given.  An  attempt,  by 
force  of  arms,  to  destroy  a  government,  is  an  offense,  by 
whatever  means  the  constitutional  compact  may  have  been 
formed ;  and  such  government  has  the  right,  by  the  law 
of  self-defense,  to  pass  acts  for  punishing  the  offender, 
unless  that  right  is  modified,  restrained,  or  resumed  by 
the  constitutional  act.  In  our  system,  although  it  is  mod- 
ified in  the  case  of  treason,  yet  authority  is  expressly  given 
to  pass  all  laws  necessary  to  carry  its  powers  into  effect ; 
and,  under  this  grant,  provision  has  beeen  made  for  pun- 
ishing acts  which  obstruct  the  due  administration  of  the 
laws. 

It  would  seem  superfluous  to  add  any  thing  to  show  the 
nature  of  that  Union  which  connects  us ;  but  as  erroneous 
opinions  on  this  subject  are  the  foundation  of  doctrines 
the  most  destructive  to  our  peace,  I  must  give  further  de- 
velopment to  my  views  on  this  subject.  No  one,_  fellow- 
citizens,  has  a  higher  reverence  for  the  reserved  rights  of 
the  States  than  the  magistrate  who  now  addresses  you;  no 
one  would  make  greater  personal  sacrifices  or  official  exer- 
tion to  defend  them  from  violation  ;  but  equal  care  must 
be  taken  to  prevent,  on  their  part,  an  improper  interfer- 
ence with,  or  resumption  of,  the  rights  they  have  vested 
in  the  nation.  The  line  has  not  been  so  distinctly  drawn 
as  to  avoid  doubts,  in  some  cases,  of  the  exercise  of  power. 
Men  of  the  best  intentions  and  soundest  views  may  differ 
in  their  construction  of  some  parts  of  the  Constitution ; 
but  there  are  others  on  which  dispassionate  reflection  can 
*  leave  no  doubt.  Of  this  nature  appears  to  be  the  assumed 
right  of  secession.  It  rests,  as  we  have  seen,  on  the  al- 
leged undivided  sovereignty  of  the  States,  and  on  their 


94  PROCLAMATION  OF  ANDREW  JACKSON. 


having  formed,  in  this  sovereign  capacity,  a  compact,  which 
is  called  the  Constitution,  from  which,  because  they  made 
it,  they  have  the  right  to  secede.  Both  of  these  positions 
are  erroneous,  and  some  of  the  arguments  to  prove  them 
so  have  been  anticipated. 

The  States  severally  have  not  retained  their  entire  sov- 
ereignty. It  has  been  shown  that,  in  becoming  parts  of 
a  nation,  not  members -of  a  league,  they  surrendered  many 
of  their  essential  parts  of  sovereignty.  The  right  to  make 
treaties,  declare  war,  levy  taxes,  exercise  exclusive  judicial 
and  legislative  powers,  were,  all  of  them,  functions  of  sov- 
ereign power.  The  States,  then,  for  all  these  purposes, 
were  no  longer  sovereign.  The  allegiance  of  their  citi 
zens  was  transferred,  in  the  first  instance,  to  the  Grovern- 
ment  of  the  United  States;  they  became  American  citi- 
zens, and  owed  obedience  to  the  Constitution  of  the  United 
States,  and  to  laws  made  in  conformity  with  the  powers  it 
vested  in  Congress.  This  last  position  has  not  been,  and 
can  not  be,  denied.  How,  then,  can  that  State  be  said  to 
be  sovereign  and  independent  whose  citizens  owe  obedience 
to  laws  not  made  by  it,  and  whose  magistrates  are  sworn 
to  disregard  those  laws  when  they  come  in  conflict  with 
those  passed  by  another?  What  shows  conclusively  that 
the  States  can  not  be  said  to  have  reserved  an  undivided 
sovereignty  is,  that  they  expressly  ceded  the  right  to  pun- 
ish treason— not  treason  against  their  separate  power,  but 
treason  against  the  United  States.  Treason  is  an  ofiense 
against  sovereignty,  and  sovereignty  must  reside  with  the 
power  to  punish  it.  But  the  reserved  rights  of  the  States 
are  not  less  sacred  because  they  have,  for  their  common 
interest,  made  the  Greneral  Government  the  depository  of 
these  powers. 

The  unity  of  our  political  character  (as  has  been  shown 
for  another  purpose)  commenced  with  its  very  existence. 
Under  the  royal  government  we  had  no  separate  charac- 
ter;  our  opposition  to  its  oppressions  began  as  united  col- 
onies. We  were  the  United  States,  under  the  Confederation, 
and  the  name  was  perpetuated,  and  the  Union  rendered  more* 
perfect  by  the  Federal  Constitution.  In  none  of  these  stages 
did  we  consider  ourselves  in  any  other  light  than  as  form- 


PROCLAMATION  OF  ANDREW  JACKSON. 


95 


ing  one  nation.  Treaties  and  alliances  were  made  in  the 
name  of  all.  Troops  were  raised  for  the  joint  defense. 
How,  then,  with  all  these  proofs,  that,  under  all  changes 
of  our  position,  we  had,  for  designated  purposes,  and  with 
defined  powers,  created  national  governments;  how  is  it 
that  the  most  perfect  of  those  sevejal  modes  of  union 
should  now  be  considered  as  a  mere  league,  that  may  be 
dissolved  at  pleasure?  It  is  from  an  abuse  of  terms. 
"Compact"  is  used  as  synonymous  with  "league,"  al- 
though the  true  term  is  not  employed,  because  it  would 
at  once  show  the  ftillacy  of  the  reasoning.  It  would  not 
do  to  say  that  our  Constitution  was  only  a  league;  but  it 
is' labored  to  prove  it  a  compact  (which  in  one  sense  it  is), 
and  then  to  argue  that,  as  a  league  is  a  compact,  every 
compact  between  nations  must,  of  course,  be  a  league,  and 
that  from  such  an  engagement  every  sovereign  power  has 
a  right  to  recede.  But  it  has  been  shown  that,  in  this 
sense,  the  States  are  not  sovereign,  and  that  even  if  they 
were,  and  the  national  Constitution  had  been  formed  by 
compact,  there  would  be  ho  right  in  any  one  State  to  ex- 
onerate itself  from  its  obligations. 

So  obvious  are  the  reasons  which  forbid  this  secession, 
that  it  is  necessary  only  to  allude  to  them.  The  Union 
was  formed  for  the  benefit  of  all.  It  was  produced  bj 
mutual  sacrifices  of  interests  and  opinions.  Can  those 
sacrifices  be  recalled?  Can  the  States,  who  magnanimously 
surrender  their  title  to  the  territories  in  the  West,  recall 
the  grant?  Will  the  inhabitants  of  the  inland  States  agree 
to  pay  the  duties  that  may  be  imposed,  v/ithout  their  as- 
sent, by  those  on  the  Atlantic  or  the  Gulf  for  their  own 
benefit?  Shall  there  be  a  free  port  in  one  State,  and  on- 
erous duties  in  another?  No  one  believes  that  any  right 
exists,  in  a  single  State,  to  involve  the  others  in  these  and 
countless  other  evils  contrary  to  the  engagements  solemnly 
made.  Every  one  must  see  that  the  other  States,  in  self- 
defense,  must  oppose  it,  at  all  hazards. 

These  are  the  alternatives  that  are  presented  by  the 
convention :  A  repeal  of  all  the  acts  for  raising  revenue, 
leaving  the  Government  without  the  means  of  support,  or 
an  acquiescence  in  the  dissolution  of  our  Union  by  the 


96 


PROCLAMATION  OF  ANDREW  JACKSON. 


secession  of  one  of  its  members.  Wten  the  first  was  pro- 
posed, it  was  known  that  it  could  not  be  listened  to  for  a 
moment.  It  was  known,  if  force  was  applied  to  oppose 
the  execution  of  tbe  laws,  that  it  must  be  repelled  by 
force ;  that  Congress  could  not,  without  involving  itself 
in  disgrace  and  the  country  in  ruin,  accede  to  the  propo- 
sition ;  and  yet,  if  this  is  not  done  on  a  given  day,  or  if 
any  attempt  is  made  to  execute  the  laws,  the  State  is,  by 
the  ordinance,  declared  to  be  out  of  the  Union.  The  ma- 
jority of  a  convention,  assembled  for  the  purpose,  have 
dictated  these  terms,  or  rather  this  rejection  of  all  terms, 
in  the  name  of  the  people  of  South  Carolina.  It  is  true 
that  the  Governor  of  the  State  speaks  of  the  submission 
of  their  grievances  to  a  convention  of  all  the  States,  which, 
he  says,  they  "  sincerely  and  anxiously  seek  and  desire." 
Yet  this  obvious  and  constitutional  mode  of  obtaining  the 
sense  of  the  other  States,  on  the  construction  of  the  Fed- 
ral  compact,  and  amending  it  if  necessary,  has  never  been 
attempted  by  those  who  have  urged  the  State  on  to  this 
destructive  measure.  The  State  might  have  proposed  to 
call  for  a  general  convention  of  the  other  States;  and 
Congress,  if  a  sufficient  number  of  them  concurred,  must 
have  called  it.  But  the  first  magistrate  of  South  Carolina, 
when  he  expressed  a  hope  that,  "  on  a  review  by  Congress 
and  the  functionaries  of  the  General  Government  of  the 
merits  of  the  controversy,"  such  a  convention  will  be  ac- 
corded to  them,  must  have  known  that  neither  Congress, 
nor  any  functionary  of  the  General  Government,  has  au- 
thority to  call  such  a  convention,  unless  it  be  demanded 
by  two-thirds  of  the  States.  This  suggestion,  then,  is 
another  instance  of  the  reckless  inattention  to  the  pro- 
visions of  the  Constitution  with  which  this  crisis  has  been 
madly  hurried  on ;  or  of  the  attempt  to  persuade  the  peo- 
ple that  a  constitutional  remedy  has  been  sought  and  re- 
fused. If  the  Legislature  of  South  Carolina  "  anxiously 
desire"  a  general  convention  to  consider  their  complaints, 
why  have  they  not  made  application  for  it  in  the  way  the 
Constitution  points  out?  The  assertion  that  they  "earn- 
estly seek"  it  is  completely  negatived  by  the  omission. 
Thisj  then,  is  the  position  in  which  we  stand.    A  small 


PROCLAMATION  OF  ANDREW  JACKSON.  97 

majority  of  the  citizens  of  one  State  in  the  Union  have 
elected  delegates  to  a  State  convention;  that  convention 
has  ordained  that  all  the  revenue  laws  of  the  United  States 
must  be  repealed,  or  that  they  are  no  longer  a  member  of 
this  Union.  The  Governor  of  that  State  has  recommended 
to  the  Legislature  the  raising  of  an  army  to  carry  the  seces- 
sion into  effect,  and  that  he  may  be  empowered  to  give 
clearances  to  vessels  in  the  name  of  the  State.  No  act  of 
violent  opposition  to  the  laws  has  yet  been  committed,  but 
such  a  state  of  things  is  hourly  apprehended ;  and  it  is  the 
intent  of  this  instrument  to  proclaim,  not  only  that  the  duty 
imposed  on  me  by  the  Constitution  "to  take  care  that  the 
laws  be  faithfully  executed,"  shall  be  performed  to  the  ex- 
tent of  the  powers  already  vested  in  me  by  law,  or  of  such 
others  as  the  wisdom  of  Congress  shall  devise  and  intrust 
to  me  for  that  purpose,  but  to  warn  the  citizens  of  South 
Carolina,  who  have  been  deluded  into  an  opposition  to  the 
laws,  of  the  dange'r  they  will  incur  by  obedience  to  the 
illegal  and  disorganizing  ordinance  of  the  conve^ltion ;  to 
exhort  those  who  have  refused  to  support  it  to  persevere 
in  their  determination  to  uphold  the  Constitution  and  laws 
of  their  country ;  and  to  point  out  to  all  the  perilous  situ- 
ation into  which  the  good  people  of  that  State  have  been 
led,  and  that  the  course  they  are  urged  to  pursue  is  one 
of  ruin  and  disgrace  to  the  very  State  whose  rights  they 
affect  to  support. 

Fellow-citizens  of  my  native  State,  let  me  not  only  ad- 
monish you,  as  the  First  Magistrate  of  our  common  coun- 
try, not  to  incur  the  penalty  of  its  laws,  but  use  the  influ- 
ence that  a  father  would  over  his  children  whom  he  saw 
rushing  to  certain  ruin.  In  that  paternal  language,  with 
that  paternal  feeling,  let  me  tell  you,  my  countrymen,  that 
you  are  deluded  by  men  who  are  either  deceived  them- 
selves, or  wish  to  deceive  you.  Mark  under  what  pretenses 
you  have  been  led  on  to  the  brink  of  insurrection  and  trea- 
son, and  on  which  you  stand !  First,  a  diminution  of  the 
value  of  your  staple  commodity,  lowered  by  over-produc- 
tion in  other  quarters,  and  the  consequent  diminution  in 
the  value  of  your  lands,  were  the  sole  effect  of  the  tariff 
laws. 

9 


98 


PROCLAMATION  OF  ANDREW  JACKSON. 


Tbe  effect  of  those  laws  was  confessedly  iDjurioas,  but 
the  evil  was  greatly  exaggerated  by  tbe  unfounded  theory 
you  were  taught  to  believe,  that  its  burdens  were  in  pro- 
portion to  your  exports,  not  to  your  consumption  of  im- 
ported articles.  Your  pride  was  roused  by  the  assertion 
that  a  submission  to  those  laws  was  a  state  of  vassalage, 
and  that  resistance  to  them  was  equal,  in  patriotic  merit, 
to  the  opposition  our  fathers  offered  to  the  oppressive  laws 
of  Great  Britain.  You  were  told  that  this  opposition 
might  be  peaceably — might  be  constitutionally  made;  that 
you  might  enjoy  all  the  advantages  of  the  Union,  and  bear 
none  of  its  burdens.  Eloquent  appeals  to  your  passions, 
to  your  State  pride,  to  your  native  courage,  to  your  sense 
of  real  injury,  were  used,  to  prepare  you  for  the  period 
when  the  mask,  which  concealed  the  hideous  features  of 
disunion,  should  be  taken  off.  It  fell,  and  you  were  made 
to. look  with  complacency  on  objects  which,  not  long  since, 
you  would  have  regarded  with  horror.  Look  back  to  the 
arts  which  have  brought  you  to  this  stale — look  forward 
to  the  consequences  to  which  it  must  inevitably  lead!  Look 
back  to  what  was  first  told  you  as  an  inducement  to  enter 
into  this  dangerous  course.  The  great  political  truth  was 
repeated  to  you,  that  you  had  the  revolutionary  right  of 
resisting  all  laws  that  were  palpably  unconstitutional  and 
intolerably  oppressive;  it  was  added  that  the  right  to  nul- 
lify a  law  rested  on  the  same  principle,  but  that  it  was  a 
peaceable  remedy !  This  character  which  was  given  to  it, 
made  you  receive,  with  too  much  confidence,  the  assertions 
that  were  made  of  the  unconstitutionality  of  the  law  and 
its  oppressive  effects.  Mark,  my  fellow-citizens,  that,  by 
the  admission  of  your  leaders,  the  unconstitutionality  must 
he  palpable,  or  it  will  not  justify  either  resistance  or  nulli- 
fication !  What  is  the  meaning  of  the  word  palpable^  in 
the  sense  in  which  it  is  here  used  ?  that  which  is  appa- 
rent to  every  one ;  that  which  no  man  of  ordinary  intellect 
will  fail  to  perceive.  Is  the  unconstitutionality  of  these 
laws  of  that  description?  Let  those  among  your  leaders 
who  once  approved  and  advocated  the  principle  of  protective 
duties,  answer  the  question  ;  and  let  them  choose  whether 
they  will  be  considered  as  incapable,  then,  of  perceiving 


PROCLAMATION  OF  ANDREW  JACKSON. 


99 


that  which  must  have  been  apparent  to  every  man  of  com- 
mon understanding,  or  as  imposing  on  your  confidence,  and 
endeavoring  to  mislead  you  now.  In  either  case,  they  are 
unsafe  guides  in  the  perilous  path  they  urge  you  to  tread. 
Ponder  well  on  this  circumstance,  and  you  will  know  how 
to  appreciate  the  exaggerated  language  they  address  to  you. 
They  are  not  champions  of  liberty,  emulating  the  fame  of 
our  revolutionary  fathers  ;  nor  are  you  an  oppressed  people, 
contending,  as  they  repeat  to  you,  against  worse  than  colo- 
nial vassalage. 

You  are  free  members  of  a  flourishing  and  happy  Union. 
There  is  no  settled  design  to  oppress  you.  You  have,  in- 
deed, felt  the  unequal  operation  of  laws  which  may  have 
been  unwisely,  not  unconstitutionally  passed;  but  that  in- 
equality must  necessarily  be  removed.  At  the  very  mo- 
ment when  you  were  madly  urged  on  to  the  unfortunate 
course  you  have  begun,  a  change  in  public  opinion  had 
commenced.  The  nearly  approaching  payment  of  the  pub- 
lic debt,  and  the  consequent  necessity  of  a  diminution  of 
duties,  had  already  produced  a  considerable  reduction,  and 
that,  too,  on  some  articles  of  general  consumption  in  your 
State.  The  importance  of  this  change  was  underrated,  and 
you  are  authoritatively  told  that  no'further  alleviation  of 
your  burdens  were  to  be  expected  at  the  very  time  when 
the  condition  of  the  country  imperiously  demanded  such  a 
modification  of  the  duties  as  should  reduce  them  to  a  iust 
and  equitable  scale.  But,  as  if  apprehensive  of  the  effect 
of  this  change  in  allaying  your  discontents,  you  were  pre- 
cipitated into  the  fearful  state  in  which  you  now  find  your- 
selves. 

I  have  urged  you  to  look  back*  to  the  means  that  were 
used  to  hurry  you  on  to  the  position  you  have  now  as- 
sumed, and  forward  to  the  consequences  it  will  produce. 
Something  more  is  necessary.  Contemplate  the  condition 
of  that  country  of  which  you  still  form  an  important  part. 
Consider  its  Government,  uniting  in  one  bond  of  common 
interest  and  general  protection  so  many  different  States — ■ 
giving  to  all  their  inhabitants  the  proud  title  of  American 
citizens;  protecting  their  commerce;  securing  their  litera- 
ture and  their  arts;  facilitating  their  intercommunication; 


100  PROCLAMATION  OF  ANDREW  JACKSON. 


defending  their  frontiers,  and  making  tlieir  names  respected 
in  the  remotest  parts  of  the  earth.  Consider  the  extent  of 
its  territory;  its  increasing  and  happy  population;  its  ad- 
vance in  arts,  ^vhich  render  life  agreeable;  and  the  sciences, 
^hich  elevate  the  mind  !  See  education  spreading  the  lights 
of  religion,  morality,  and  general  information  into  every 
cottage  in  this  wide  extent  of  our  Territories  and  States  ! 
Behold  it  as  the  asylum  where  the  wretched  and  the  op- 
pressed find  a  refuge  and  support!  Look  on  this  picture 
of  happiness  and  honor,  and  say:  "  We,  too,  are  citizens  of 
America!  Carolina  is  one  of  these  proud  States — her  arms 
have  defended — her  best  blood  has  cemented  this  happy 
Union  ! "  And  then  add,  if  you  can,  without  horror  and 
remorse,  "  this  happy  Union  we  will  dissolve  ^  this  picture 
of  peace  and  prosperity  we  will  deface  ;  this  free  intercourse 
we  will  interrupt;  these  fertile  fields  we  will  deluge  with 
blood;  the  protection  of  that  glorious  flag  we  renounce; 
the  very  name  of  Americans  we  discard."  And  for  what, 
mistaken  men — for  what  do  you  throw  away  these  inesti- 
mable blessings?  for  what  would  you  exchange  your  share 
in  the  advantages  and  honor  of  the  Union?  For  the  dream 
of  separate  independence — a  dream  interrupted  by  bloody 
conflicts  with  your  neighbors,  and  a  vile  dependence  on  a 
foreign  power.  If  your  leaders  could  succeed  in  establish- 
ing a  separation,  what  would  be  your  situation?  Are  you 
united  at  home — are  you  free  from  the  apprehension  of 
civil  discord,  with  all  its  fearful  consequences?  Do  our 
neighboring  republics,  every  day  suffering  some  new  revo- 
lution, or  contending  with  some  new  insurrection — do  they 
excite  your  envy  ?  But  the  dictates  of  a  high  duty  obliges 
me  solemnly  to  announce  that  you  can  not  succeed.  The 
laws  of  the  United  States  must  be  executed.  I  have  no 
discretionary  power  on  the  subject — my  duty  is  emphatic- 
ally pronounced  in  the  Constitution.  Those  who  told  you 
that  you  might  peaceably  prevent  their  execution,  deceived 
you — they  could  not  have  been  deceived  themselves.  They 
know  that  a  forcible  opposition  could  alone  prevent  the  ex- 
ecution of  the  laws,  and  they  know  that  such  opposition 
must  be  repelled.  Their  object  is  disunion;  but  be  not 
deceived  by  names;  disunion,  by  armed  force,  is  treason. 


PROCLAMATION  01^  ANDREW  JACKSON.  101 


Are  you  really  ready  to  incur  its  guilt?  If  you  are,  on 
the  heads  of  the  instigators  of  the  act  be  the  dreadful  con- 
sequences— on  their  heads  be  the  dishonor,  but  on  yours 
may  fall  the  punishment;  on  your  unhappy  State  will  in- 
evitably fall  all  the  evils  of  the  conflict  you  force  upon  the 
government  of  your  country.  It  can  not  accede  to  the  mad 
project  of  disunion,  of  which  you  would  be  the  first  vic- 
tims— its  First  Magistrate  can  not,  if  he  would,  avoid  the 
performance  of  his  duty  ;  the  conse<juences  must  be  fearful 
to  you,  distressing  to  your  fellow-citizens  here,  and  to  the 
friends  of  good  government  throughout  the  world.  Its 
enemies  have  beheld  our  prosperity  with  a  vexation  they 
could  not  conceal — it  was  a  standing  refutation  of  their 
slavish  doctrines,  and  they  will  point  to  our  discord  with 
the  triumph  of  malignant  joy.  It  is  yet  in  your  power  to 
disappoint  them.  There  is  yet  time  to  show  that  the  de- 
scendants of  the  Pinckneys,  the  Sumters,  the  Rutledges, 
and  of  the  thousand  other  names,  which  adorn  the  pages 
of  your  revolutionary  history,  will  not  abandon  that  Union, 
to  support  which  so  many  of  them  fought,  and  bled,  and 
died. 

I  adjure  you,  as  you  honor  their  memory — as  you  love 
the  cause  of  freedom,  to  which  they  dedicated  their  lives — 
as  you  prize  the  peace  of  your  country,  the  lives  of  its  best 
citizens,  and  your  own  fair  fame,  to  retrace  your  steps. 
Snatch  from  the  archives  of  your  State  the  disorganizing 
edict  of  its  convention — bid  its  members  to  re-assemble, 
and  promulgate  the  decided  expressions  of  your  will  to 
remain  in  the  path  which  alone  can  conduct  you  to  safety, 
prosperity,  and  honor.  Tell  them  that,  compared  to  dis- 
union, all  other  evils  are  light,  because  that  brings  with  it 
an  accumulation  of  all.  Declare  that  you  will  never  take 
the  field  unless  the  star-spangled  banner  of  your  country 
shall  float  over  you;  that  you  will  not  be  stigmatized  when 
dead,  and  dishonored  and  scorned  while  you  live,  as  the 
authors  of  the  first  attack  on  the  Constitution  of  your 
country.  Its  destroyers  you  can  not  be.  You  may  dis- 
turb its  peace — you  may  interrupt  the  course  of  its  pros- 
perity—you may  cloud  its  reputation  for  stability;  but  its 
tranauiVity  will  be  restored,-  its  prosperity  w^^^  return,  and 


102 


PROCLAMATION  OF  ANDREW  JACKSON. 


the  stain  upon  its  national  character  will  be  transferred, 
and  remain  an  eternal  blot  on  the  memory  of  those  who 
caused  the  disorder. 

Fellow-citizens  of  the  United  States !  The  threat  of  unhal- 
lowed disunion — the  names  of  those  once  respected,  by  whom 
it  is  uttered — the  array  of  military  force  to  support  it — de- 
notes the  approach  of  a  crisis  in  our  affairs,  on  which  the 
continuance  of  our  unexampled  prosperity,  our  political  ex- 
istence, and  perhaps  that  of  all  free  governments,  may  de- 
pend. The  conjuncture  demanded  a  free,  a  full,  and  explicit 
enunciation,  not  only  of  my  intentions,  but  of  my  principles 
of  action  :  and  as  the  claim  was  asserted  of  a  right  by  a 
State  to  annul  the  laws  of  the  Union,  and  even  to  secede 
from  it  at  pleasure,  a  frank  exposition  of  my  opinions  in  re- 
lation to  the  origin  and  form  of  our  government,  and  the 
construction  I  give  to  the  instrument  by  which  it  was  cre- 
ated, seemed  to  be  proper.  Having  the  fullest  confidence 
in  the  justness  of  the  legal  and  constitutional  opinion  of  my 
duties,  which  has  been  expressed,  I  rely,  with  equal  confi- 
dence, on  your  undivided  support  in  my  determination  to 
execute  the  laws — to  preserve  the  Union  by  all  constitution- 
al means — to  arrest,  if  possible,  by  moderate  but  firm  meas- 
ures, the  necessity  of  a  recourse  to  force ;  and,  if  it  be  the 
will  of  Heaven,  that  the  recurrence  of  its  primeval  curse  on 
man  for  the  shedding  of  a  brother's  blood  should  fall  upon 
our  land,  that  it  be  not  called  down  by  any  offensive  act  on 
the  part  of  the  United  States. 

Fellow-citizens  !  the  momentous  case  is  before  you.  On 
your  undivided  support  of  your  Grovernment  depends  the  de- 
cision of  the  great  question  it  involves,  whether  your  sacred 
Union  will  be  preserved,  and  the  blessings  it  secures  to  us 
as  one  people  shall  be  perpetuated.  No  one  can  doubt  that 
the  unanimity  with  which  that  decision  will  be  expressed, 
will  be  such  as  to  inspire  new  confidence  in  republican  in- 
stitutions, and  that  the  prudence,  the  wisdom,  and  the  cour- 
age which  it  will  brino;  to  their,  defense  will  transmit  them 
unimpaired  and  invigorated  to  our  children. 

May  the  G-reat  Ruler  of  Nations  grant  that  the  signal 
blessings  with  which  He  has  favored  ours,  may  not,  by  the 
madness  of  party  or  personal  ambition,  be  disregarded  and 


PROCLAMATION  OF  ANDRE^Y  JACKSON. 


103 


lost ;  and  may  His  wise  provideDce  bring  tliose  wlio  have 
produced  this  crisis  to  see  their  folly,  before  they  feel  the 
misery  of  ciyil  strife,  and  inspire  a  returning  yeneration 
for  that  Union,  vrhieh,  if  we  may  dare  to  penetrate  His 
designs,  He  has  chosen  as  the  only  means  of  attaining  the 
high  destinies  to  which  we  may  reasonably  aspire. 

In  testimony  whereof,  I  haye  caused  the  seal  of  the 
United  States  to  be  hereunto  affixed,  haying  signed  the  same 
with  my  hand. 

Done  at  the  city  of  TTashington,  this  10th  day  of  De- 
cember, in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  thirty-two,  and  of  the  Independence  of  the  United  States 
the  fifty-seyenth. 

By  the  President :  Andrew  Jackson. 

Edwd.  Liyinqston,  Secretary  of  State. 


FUGITIVE  SLAVE  LAW  OF  1850. 


An  Act  to  amend,  and  supplementary  to,  the  Act  entitled,  "An  Act 
respecting  Fugitives  from  Justice,  and  persons  escaping  from  the 
Service  of  their  Masters,"  and  approved  February  12,  1798. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled,  That 
the  persons  who  have  been,  or  may  hereafter  be,  appointed 
Commissioners,  in  virtue  of  any  Act  of  Congress,  by  the 
Circuit  Courts  of  the  United  States,  and  who,  in  conse- 
quence of  such  appointment,  are  authorized  to  exercise 
the  powers  that  any  justice  of  the  peace,  or  other  magis- 
trate of  any  of  the  United  States,  may  exercise  in  respect 
to  offenders  for  any  crime  or  offense  against  the  United 
States,  by  arresting,  imprisoning,  or  bailing  t.he  same,  un- 
der, and  by  virtue  of,  the  thirty-third  section  of  the  act 
of  the  twenty-fourth  of  September,  seventeen  hundred  aud 
eighty-nine,  entitled,  "An  Act  to  establish  the  judicial 
courts  of  the  United  States,"  shall  be, 'and  are  hereby, 
authorized  and  required  to  exercise  and  discharge  all  the 
powers  and  duties  conferred  by  this  Act. 

Sec.  2.  That  the  Superior  Court  of  each  organized  Ter- 
ritory of  the  United  States  shall  have  the  same  power  to 
appoint  Commissioners  to  take  acknowledgments  of  bail 
and  affidavits,  and  to  take  depositions  of  witnesses  in  civil 
causes,  which  is  now  possessed  by  the  Circuit  Court  of  the 
United  States;  and  all  Commissioners  who  shall  hereafter 
be  appointed  for  such  purposes  by  the  Superior  Court  of 
any  organized  Territory  of  the  United  States  shall  possess 
all  the  powers,  and  exercise  all  the  duties,  conferred  by  law 
upon  the  Commissioners  appointed  by  the  Circuit  Courta 
of  the  United  States  for  similar  purposes,  and  shall  more- 
over exercise  and  discharge  all  the  powers  and  duties  con- 
ferred by  this  Act, 

Sec.  3.    That  the  Circuit  Courts  of  the  United  States, 

104 


FUGITIVE  SLAVE  LAW. 


105 


and  the  Superior  Courts  of  each  organized  territory  of  the 
United  States,  shall,  from  time  to  time,  enlarge  the  num- 
ber of  Commissioners  with  a  view  to  afford  reasonable  fa- 
cilities to  reclaim  fugitives  from  labor,  and  to  the  prompt 
discharge  of  the  duties  imposed  by  this  Act. 

Sec.  4.  That  the  Commissioners  above  named  shall  have 
concurrent  jurisdiction  with  the  Judges  of  the  Circuit  and 
District  Courts  of  the  United  States,  in  their  respective 
circuits  and  districts  within  the  several  States,  and  the 
Judges  of  the  Superior  Courts  of  the  territories  severally 
and  collectively,  in  term  time  and  vacation ;  and  shall 
grant  certificates  to  such  claimants,  upon  satisfactory 
proof  being  made,  with,  authority  to  take  and  remove 
Buch  fugitives  from  service  or  labor,  under  the  restrictions 
herein  contained,  to  the  State  or  Territory  from  which 
such  persons  may  have  escaped  or  fled. 

Sec.  5.  That  it  shall  be  the  duty  of  all  marshals  and 
deputy  marshals  to  obey  and  execute  all  warraats  and  pre- 
cepts issued  under  the  provisions  of  this  act  when  to  them 
directed  ;  and  should  any  marshal  or  deputy  marshal  re- 
fuse to  receive  such  warrant,  or  other  process,  when  ten- 
dered, or  to  use  all  proper  means  diligently  to  execute  the 
same,  he  shall,  on  conviction  thereof,  be  fined  in  the  sum 
of  one  thousand  dollars,  to  the  use  of  such  claimant,  on 
the  motion  of  such  claimant,  by  the  Circuit  or  District 
Court  for  the  district  of  such  marshal ;  and  after  the  arrest 
of  such  fugitive,  by  such  marshal  or  his  deputy,  or  while 
at  any  time  in  his  custody,  under  the  provisions  of  this 
act,  should  such  fugitive  escape,  whether  with  or  without 
the  assent  of  such  marshal  or  his  deputy,  such  marshal 
shall  be  liable,  on  his  ofiicial  bond,  to  be  prosecuted,  for 
the  benefit  of  such  claimant,  for  the  full  value  of  the  serv- 
ice or  labor  of  said  fugitive  in  the  State,  Territory,  or  dis- 
trict whence  he  escaped;  and,  the  better  to  enable  said 
Commissioners,  when  thus  appointed,  to  execute  their  du- 
ties faithfully  and  efficiently,  in  conformity  with  the  re- 
quirements of  the  Constitution  of  the  United  States,  and 
of  this  Act,  they  are  hereby  authorized  and  empowered, 
within  their  counties  respectively,  to  appoint,  in  writing 
«"^der  their  hands,  any  one  or  more  suitable  persons,  from 


106 


FUGITIVE  SLAVE  LAW. 


time  to  time,  to  execute  all  sucli  warrants  and  other  pro 
cess  as  may  be  issued  by  them  in  the  lawful  performance 
of  their  respective  duties  ;  with  authority  to  such  Com- 
missioners, or  the  persons  to  be  appointed  by  them,  to  exe- 
cute process  as  aforesaid,  to  summon  and  call  to  their  aid 
the  bystanders,  or  posse  commitatus  of  the  proper  county, 
when  necessary  to  insure  a  faithful  observance  of  the  clause 
of  the  Constitution  referred  to,  in  conformity  with  the  pro- 
visions of  this  Act;  and  all  good  citizens  are  commanded  to 
aid  and  assist  in  the  prompt  and  efficient  execution  of  this 
law  whenever  their  services  may  be  required,  as  aforesaid 
for  that  purpose  ;  and  said  ^warrants  shall  run,  and  be  ex- 
ecuted by  said  officers,  anywhere  in  the  State  within  which 
they  are  issued. 

8ec.  6.  That  when  a  person  held  to  service  or  labor  in 
any  State  or  Territory  of  the  United  States  has  heretofore 
or  shall  hereafter  escape  into  another  State  or  Territory 
of  the  United  States,  the  person  or  persons  to  whom  such 
service  or  labor  may  be  due,  or  his,  her,  or  their  agent  or 
attorney,  duly  authorized  by  power  of  attorney,  in  writing 
acknowledged  and  certified  under  the  seal  of  some  legal 
officer  or  Court  of  the  .  State  or  Territory  in  which  the 
same  may  be  executed,  may  pursue  and  reclaim  such  fu- 
gitive person,  either  by  procuring  a  warrant  from  some 
one  of  the  Courts,  Judges,  or  Commissioners  aforesaid,  of 
the  proper  circuit,  district,  or  county,  for  the  apprehen- 
sion of  such  fugitive  from  service  or  labor,  or  by  seizing 
and  arresting  such  fugitive  where  the  same  can  be  done 
without  process,  and  by  taking  or  causing  such  person  to 
be  taken  forthwith  before  such  Court,  Judge,  or  Commis- 
sioner, whose  duty  it  shall  be  to  hear  and  determine  the 
case  of  such  claimant  in  a  summary  manner;  and,  upon 
satisfactory  proof  being  made,  by  deposition  or  affidavit  in 
writing,  to  be  taken  and  certified  by  such  Court,  Judge, 
or  Commissioner,  or  by  other  satisfactory  testimony,  duly 
taken  and  certified  by  some  Court,  Magistrate,  Justice  of 
the  Peace,  or  other  legal  officer  authorized  to  administer 
an  oath  and  take  depositions  under  the  laws  of  the  State 
or  Territory  from  which  such  person  owing  service  or  la- 
bor may  have  escaped,  with  a  certificate  of  such  magis- 


FUGITIVE  SLAVE  LAW. 


107 


traey,  or  otlier  authority  as  aforesaid,  with  the  seal  of  the 
proper  Court  or  officer  thereto  attached,  which  seal  shall 
be  sufficient  to  establish  the  coropeteucy  of  the  proof,  and 
with  proof,  also  by  affidavit,  of  the  identity  of  the  person 
whose  service  or  labor  is  claimed  to  be  due  as  aforesaid, 
that  the  person  so  arrested  does  in  fact  owe  service  or  la- 
bor to  the  person  or  persons  claiming  him  or  her,  in  the 
State  or  Territory  from  which  such  fugitive  may  have  es- 
caped as  aforesaid,  and  that  said  person  escaped,  to  make 
out  and  deliver  to  said  claimant,  his  or  her  agent  or  attor- 
ney, a  certificate  setting  forth  the  substantial  facts  as  to 
the  service  or  labor  due  from  such  fugitive  to  the  claim- 
ant, and  of  his  or  her  escape  from  the  State  or  Territory 
in  which  such  service  or  labor  was  due  to  the  State  or 
Territory  in  which  he  or  she  was  arrested,  with  authority 
to  such  claimant,  or  his  or  her  agent  or  attorney,  to  use 
such  reasonable  force  and  restraint  as  may  be  necessary, 
under  the  circumstances  of  the  case,  to  take  and  remove 
such  fugitive  person  back  to  the  State  or  Territory  whence 
he  or  she  may  have  escaped  as  aforesaid.  In  no  trial  or 
hearing  under  this  Act  shall  the  testimony  of  such  alleged 
fugitive  be  admitted  in  evidence ;  and  the  certificates  in  this 
and  the  first  [fourth]  section  mentioned  shall  be  conclusive 
of  the  right  of  the  person  or  persons  in  whose  favor  granted 
to  remove  such  fugitive  to  the  State  or  Territory  from  which 
he  escaped,  and  shall  prevent  all  molestation  of  such  person 
or  persons  by  any  process  issued  by  any  Court,  Judge,  Mag- 
istrate, or  other  person  whomsoever. 

•  Sec.  7.  That  any  person  who  shall  knowingly  and  will- 
ingly obstruct,  hinder,  or  prevent  such  claimant,  his  agent 
or  attorney,  or  any  person  or  persons  lawfully  assisting  him, 
her,  or  them,  from  arresting  such  a  fugitive 'from  service  or 
labor,  either  with  or  without  process  as  aforesaid,  or  shall 
rescue  or  attempt  to  rescue  such  fugitive  from  service  or 
labor  from  the  custody  of  such  claimant,  his  or  her  agent 
or  attorney,  or  other  person  or  persons  lawfully  assisting 
as  aforesaid,  when  so  arrested  pursuant  to  the  authority 
herein  given  and  declared,  or  shall  aid,  abet,  or  assist  such 
person  so  owing  service  or  labor  as  aforesaid,  directly  or 
indirectlv  .to  escaDe  from  such  claimant,  his  agent  or  at« 


108 


FUGITIVE  SLAVE  LAW. 


tomey,  or  other  person  or  persons  legally  authorized  as 
aforesaid;  or  shall  harbor  or  conceal  such  fugitive  so  as  to 
prevent  the  discovery  and  arrest  of  such  person,  after  no- 
tice or  knowledge  of  the  fact  that  such  person  was  a  fugi- 
tive from  service  or  labor  as  aforesaid,  shall,  for  either  of 
^aid  offenses,  be  subject  to  a  fine  not  exceeding  one  thou- 
sand dollars,  and  imprisonment  not  exceeding  six  months, 
by  indictment  and  conviction  before  the  District  Court  of 
the  United  States  for  the  district  in  which  such  offense 
may  have  been  committed,  or  before  the  proper  court  of 
criminal  jurisdiction,  if  committed  within  any  one  of  the 
organized  Territo-ries  of  the  United  States,  and  shall  more- 
over forfeit  and  pay,  by  way  of  civil  damages  to  the  party 
injured  by  such  illegal  conduct,  the  sum  of  one  thousand 
dollars  for  each  fugitive  so  lost  as  aforesaid,  to  be  recov- 
ered as  aforesaid,  to  be  recovered  by  action  of  debt  in  any 
of  the  District  or  Territorial  Courts  aforesaid,  within  whose 
jurisdiction  the  said  offense  may  have  been  committed. 

Sec.  8.  That  the  marshals,  their  deputies,  and  the  clerks 
of  the  said  District  and  Territorial  Courts,  shall  be  paid  for 
their  services  the  like  fees  as  may  be  allowed  to  them  for 
similar  services  in  other  cases;  and  where  such  services  are 
rendered  exclusively  in  the  arrest,  custody,  and  delivery  of 
the  fugitive  to  the  claimant,  his  or  her  agent  or  attorney, 
or  where  such  supposed  fugitive  may  be  discharged  out  of 
custody  for  the  want  of  sufficient  proof  as  aforesaid,  Xhen 
such  fees  are  to  be  paid  in  the  whole  by  such  claimant,  his 
agent  or  attorney;  and  in  all  cases  where  the  proceedings 
are  before  a  Commissioner,  he  shall  be  entitled  to  a  fee  of 
ten  dollars  in  full  for  his  services  in  each  case,  upon  the 
delivery  of  the  said  certificate  to  the  claimant,  his  or  her 
agent  or  attorney;  or  a  fee  of  five  dollars  in  cases  where 
the  proof  shall  not,  in  the  opinion  of  such  Commissioner, 
wcwrrant  such  certificate  and  delivery,  inclusive  of  all  serv- 
ices incident  to  such  arrest  and  examination,  to  be  paid  in 
either  case  by  the  claimant,  his  or  her  agent  or  attorney. 
The  person  or  persons  authorized  to  execute  the  process 
to  be  issued  by  such  Commissioner  for  the  arrest  and  de- 
tention of  fugitives  from  service  or  labor  as  aforesaid  shall 
also  be  entitled  to  a  fee  of  five  dollars  each  for  each  per- 


FUGITIVE  SLAVE  LAW. 


109 


son  he  or  tliey  may  arrest  and  take  before  any  such  Com- 
missioner, as  al'oresaid,  at  the  instance  and  request  of  such 
claimant,  with  such  other  fees  as  may  be  deemed  reason- 
able by  such  Commissioners  for  such  other  additional  serv 
iees  as  may  be  necessarily  performed  by  him  or  them,  such 
as  attending  at  the  examination,  keeping  the  fugitive  in 
custody,  providing  him  with  food  and  lodging  during  his 
detention  and  until  the  final  determination  of  such  Com- 
missioner; and,  in  general,  for  performing  such  other  du- 
ties as  may  be  required  by  such  claimant  "his  or  her  attor- 
ney or  agent,  or  Commissioner  in  the  premises.  Such  fees 
to  be  made  up  in  conformity  with  the  fees  usually  charged 
by  the  officers  of  the  courts  of  justice  within  the  proper 
district  or  county,  as  near  as  may  be  practicable,  and  paid 
by  such  claimants,  their  agents  or  attorneys,  whether  such 
supposed  fugitives  from  service  or  labor  be  ordered  to  be 
delivered  to^  such  claimants  by  the  final  determination  of 
such  Commissioner  or  not. 

Sec.  9.  That,  upon  affidavit  made  by  the  claimant  of 
such  fugitive,  his  agent  or  attorney,  after  such  certificate 
has  been  issued,  that  he  has  reason  to  apprehend  that  such 
fugitive  will  be  rescued  by  force  from  his  or  her  posses- 
bion  before  he  can  be  taken  beyond  the  limits  of  the  State 
m  which  the  arrest  is  made,  it  shall  be  the  duty  of  the 
officer  making  the  arrest  to  retain  such  fugitive  in\is  cus- 
tody, and  to  remove  him  to  the  State  whence  he  fled,  and 
there  to  deliver  him  to  said  claimant,  his  agent  or  attor- 
ney.^ And,  to  this  end,  the  officer  aforesaid  Is  hereby  au- 
tliorized  and  required  to  employ  so  many  persons  as  he- 
may  deem  necessary  to  overcome  such  force,  and  to  retain 
them  in  his  service  so  long  as  circumstances  may  require. 
The  said,  officer  and  his  assistants,  while  so  employed,  to 
receive  the  same  compensation  and  to  be  allowed  the  same 
expenses  as  are  now  allowed  by  law  for  transportation  of 
criminals,  to  be  certified  by  the  Judge  of  the  district  within 
which  the  arrest  is  made,  and  paid  out  of  the  treasury  of 
the  United  States. 

Sec.  10.  That  when  any  person  held  to  service  or  la- 
bor in  any  State  or  Territory,  or  in  the  District  of  Colum- 
bia, ehall  escape  therefrom,  the  party  to  whom  such  service 


110  FUGITIVE  SLAVE  LAW. 


or  labor  may  be  due,  his,  her,  or  tbeir  agent  or  attorney, 
may  apply  to  any  court  of  record  therein,  or  Judge 
thereof  in  vacation,  and  make  satisfactory  proof  to  such 
court,  or  Judge  in  vacation,  of  the  escape  aforesaid,  and 
that  the  person  escaping  owed  service  or  labor  to  such 
party.  Whereupon  the  court  shall  cause  a  record  to  be 
made  of  the  matters  so  proved,  and  also  a  general  des crip- 
tion  of  the  person  so  escaping,  with  such  convenient  cer- 
tainty as  may  be;  and  a  transcript  of  such  record  authen- 
ticated  by  the  attestation  of  the  clerk  and  of  the  seal  of 
the  said  court,  being  produced  in  any  other  State,  Territory, 
or  District  in  which  the  person  so  escaping  may  be  found, 
and,  being  exhibited  to  any  Judge,  Commissioner,  or  other 
officer  authorized  by  the  law  of  the  United  States  to  cause 
persons  escaping  from  service  or  labor  to  be  delivered  up, 
shall  be  held  and  taken  to  be  full  and  conclusive  evidence 
of  the  fact  of  the  escape,  and  that  the  service  or  labor  of 
the  person  escaping  is  due  to  the  party  in  such  record 
mentioned.  And  upon  the  production,  by  the  said  party, 
of  other  and  further  evidence,  if  necessary,  either  oral  or 
by  affidavit,  in  addition  to  what  is  contained  in  the  said 
record  of  the  identity  of  the  person  escaping,  he  or  she 
shall  be  delivered  up  to  the  claimant.  And  the  said  Court, 
Commissioner,  Judge,  or  other  person  authorized  by  this 
Act  to  grant  certificates  'to  claimants  of  fugitives,  shall, 
upon  the  production  of  the  record  and  other  evidences 
aforesaid,  grant  to  such  claimant  a  certificate  of  his  right 
to  take  any  etuch  person  identified  and  proved  to  be  owing 
service  or  labor  as  aforesaid,  which  shall  authorize  such 
claimant  to  seize  or  arrest  and  transport  such  person  to  the 
State  or  Territory  from  which  he  escaped :  Provided,  That 
nothing  herein  contained  shall  be  construed  as  requiring 
the  production  of  a  transcript  of  such  record  as  evidence 
as  aforesaid.  But,  in  its  absence,  the  claim  shall  be  heard 
and  determined  upon  other  satisfactory  proofs  competent 
in  law. 

Approved  September  18,  1850. 

[The  above  law  was  repealed  by  the  38th  CongresSj  1864.] 


•KANSAS  AND  NEBRASKA  TERRITORIAL 
ACT  OF  1854. 


An  Act  to  Organize  the  Territories  of  Neljraska  and  Kansas. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled,  That 
all  that  part  of  the  territory  of  the  United  States  included 
within  the  following  limits,  except  such  portions  thereof 
as  are  hereinafter  expressly  exempted  from  the  operations 
of  this  Act,  to  wit :  beginning  at  a  point  on  the  Missouri 
River  where  the  fortieth  parallel  of  north  latitude  crosses 
the  same;  thence  west  on  said  parallel  to  the  east  boundary 
of  the  Territory  of  Utah  on  the  summit  of  the  Rocky 
Mountains ;  thence  on  said  summit  northward  to  the  forty- 
ninth  parallel  of  north  latitude;  thence  east  on  said  parallel 
to  the  western  boundary  of  the  Territory  of  Minnesota  ; 
thence  southward  on  said  boundary  to  the  Missouri  River; 
thence  down  the  main  channel  of  said  river  to  the  place  of 
beginning,  be,  and  the  same  is  hereby,  created  into  a  tem- 
porary government  by  the  name  of  the  Territory  of  Ne- 
braska; and  when  admitted  as  a  State  or  States,  the  said 
Territory,  or  any  portion  of  the  same,  shall  be  received  into 
the  Union  with  or  without  slavery,  as  their  Constitution 
may  prescribe  at  the  time  of  their  admission  :  Provided, 
That  nothing  in  this  Act  contained  shall  be  construed  to 
inhibit  the  Government  of  the  United  States  from  dividing 
said  Territory  into  two  or  more  Territories,  in  such  manner 
and  at  such  times  as  Congress  shall  deem  convenient  and 
proper,  or  from  attaching  any  portion  of  said  Territory  to 
any  other  State  or  Territory  of  the  United  States  :  Pro- 
vided, further,  That  nothing  in  this  Act  contained  shall  be 
construed  to  impair  the  rights  of  person  or  property  now 
pertaining  to  the  Indians  in  said  Territory,  so  long  as  such 
rights  shall  remain  unextinguished  by  treaty  between  the 
United  States  and  such  Indians,  or  to  include  any  Territory 
which,  by  treaty  with  any  Indian  tribe,  is  not,  without  the 

111 


112 


KANSAS  AND  NEBRASKA  ACT. 


consent  of  said  tribe,  to  be  included  within  the  Territorial 
limits  or  jurisdiction  of  any  State  or  Territory  ;  but  all 
such  Territory  shall  be  excepted  out  of  the  boundaries,  and 
constitute  no  part  of  the  Territory  of  Nebraska,  until  said 
tribe  shall  signify  their  assent  to  the  President  of  the 
United  States  to  be  included  within  the  said  Territory  of 
Nebraska,  or  to  alfect  the  authority  of  the  Government  of 
the  United  States  to  make  any  regulations  respecting  such 
Indians,  their  lands,  property  or  other  rights,  by  treaty, 
law,  or  otherwise,  which  it  would  have  been  competent  to 
the  Government  to  make  if  this  Act  had  never  passed. 

Sec.  2.  That  the  executive  power  and  authority  in  and 
over  said  Territory  of  Nebraska  shall  be  vested  in  a  Gov- 
ernor, who  shall  hold  his  office  for  four  years,  and  until 
his  successor  shall  be  appointed  and  qualified,  unless 
sooner  removed  by  the  President  of  the  United  States. 
The  Governor  shall  reside  within  said  Territory,  and  shall 
be  commander-in-chief  of  the  militia  thereof.  He  may 
grant  pardons  and  respites  for  olfenses  against  the  laws  of 
said  Territory,  and  reprieves  for  offenses  against  the  laws 
of  the  United  States,  until  the  decision  of  the  President 
can  be  made  known  thereon  ;  he  shall  commission  all  officers 
who  shall  be  appointed  to  office  under  the  laws  of  the  said 
Territory,  and  shall  take  care  that  the  laws  be  faithfully 
executed. 

Sec.  3.  That  there  shall  be  a  Secretary  of  said  Terri- 
tory, who  shall  reside  therein,  and  hold  his  office  for  five 
years,  unless  sooner  removed  by  the  President  of  the  United 
States;  he  shall  record  and  preserve  all  the  laws  and  pro- 
ceedings of  the  Legislative  Assembly  hereinafter  consti- 
tuted, and  all  the  acts  and  proceedings  of  the  Governor  in 
his  executive  department ;  he  shall  transmit  one  copy  of 
the  laws  and  journals  of  the  Legislative  Assembly  within 
thirty  days  after  the  end  of  each  session,  and  one  copy  of 
the  executive  proceedings  and  official  correspondence  semi- 
annually, on  the  first  days  of  January  and  July  in  each 
year,  to  the  President  of  the  United  States,  and  two  copies 
of  the  laws  to  the  President  of  the  Senate  and  to  the 
Speaker  of  the  House  of  Representatives,  to  be  deposited 
in  the  libraries  of  Congress;  and,  in  case  of  the  death,  re- 


KANSAS  AND  NEBRASKA  ACT. 


113 


moval,  resignation,  or  absence  of  tlie  Governor  from  tlie 
Territory,  tlie  Secretary  shall  be,  and  lie  is  hereby  duly 
authorized  and  required  to  execute  and  perform  all  the 
powers  and  duties  of  the  Governor  during  such  vacancy  or 
absence,  or  until  another  Governor  shall  be  duly  appointed 
and  qualified  to  fill  such  vacancy. 

Sec.  4.  That  the  legislative  power  and  authority  of 
said  Territory  shall  be  vested  in  the  Governor  and  a  Leg- 
islative Assembly.  The  Legislative  Assembly  shall  consist 
of  a  Council  and  House  of  Representatives.  The  Council 
shall  consist  of  thirteen  members,  having  the  qualifications 
of  voters,  as  hereinafter  prescribed,  whose  term  of  service 
shall  continue  two  years.  The  House  of  Representatives 
shall,  at  its  first  session,  consist  of  twenty-six  members, 
possessing  the  same  qualifications  as  prescribed  for  mem- 
bers of  the  Council,  and  whose  term  of  service  shall  con- 
tinue one  year.  The  number  of  Representatives  may  be 
increased  by  the  Legislative  Assembly,  from  time  to  time, 
in  proportion  to  the  increase  of  qualified  voters  :  Provided^ 
That  the  whole  number  shall  never  exceed  thirty-nine ;  an 
apportionment  shall  be  made  as  nearly  equal  as  practicable, 
among  the  several  counties  or  districts,  for  the  election  of 
the  Council  and  Representatives,  giving  each  section  of  the 
Territory  representation  in  the  ratio  of  its  qualified  voters 
as  nearly  as  may  be.  And  the  members  of  the  Council  and 
of  the  House  of  Representatives  shall  reside  in,  and  be  in- 
habitants of,  the  district  or  county,  or  counties,  for  which 
they  may  be  elected  respecti\^ly.  Previous  to  the  first 
election,  the  Governor  shall  cause  a  census  or  enumeration 
of  the  inhabitants  and  qualified  voters  of  the  several  coun- 
ties and  districts  of  the  Territory,  to  be  taken  by  such  per- 
sons and  in  such  mode  as  the  Governor  shall  designate  and 
appoint ;  and  the  persons  so  appointed  shall  receive  a  rea- 
sonable compensation  therefor.  And  the  first  election  shall 
be  held  at  such  times  and  places,  and  be  conducted  in  such 
manner,  both  as  to  the  persons  who  shall  superintend  such 
election  and  the  returns  thereof,  as  the  Governor  shall  ap- 
point and  direct;  and  he  shall  at  the  same  time  declare  the 
number  of  members  of  the  Council  and  House  of  Repre- 
sentatives to  which  each  of  the  counties  or  districts  shall 
10 


114 


KANSAS  AND  NEBRASKA  ACT. 


be  entitled  under  this  Act.  The  persons  haviag  the  highes 
number  of  legal  votes  in  each  of  said  Council  districts  foi 
members  of  the  Council,  shall  be  declared  by  the  Governor 
to  be  duly  elected  to  the  Council ;  and  the  persons  having 
the  highest  number  of  legal  votes  for  the  House  of  Rep- 
resentatives, shall  be  declared  by  the  Governor  to  be  duly 
elected  members  of  said  House :  Provided,  Tbat,  in  case 
two  or  more  persons  voted  for  shall  have  an  equal  num- 
ber of  votes,  and  in  case  a  vacancy  shall  otherwise  occur 
in  either  branch  of  the  Legislative  Assembly,  the  Governor 
shall  order  a  new  election ;  and  the  persons  thus  elected  tf 
the  Legislative  Assembly  shall  meet  at  such  place  and  on 
such  day  as  the  Governor  shall  appoint;  but  thereafter,  the 
time,  place,  and  manner  of  holding  and  conducting  all  elec- 
tions by  the  people,  and  the  apportioning  the  representa- 
tion in  the  several  counties  or  districts  to  the  Council  and 
House  of  Representatives,  according  to  the  number  of  qual 
ified  voters,  shall  be  prescribed  by  law,  as  well  as  the  day 
of  the  commencement  of  the  regular  sessions  of  the  Legis- 
-  lative  Assembly :  Provided,  That  no  session  in  any  one 
year  shall  exceed  the  term  of  forty  days,  except  the  first 
session,  which  may  continue  sixty  days. 

Sec.  5.  That  every-  free  white  male  inhabitant,  above 
the  age  of  twenty-one  years,  who  shall  be  an  actual  resi- 
dent of  said  Territory,  and  shall  possess  the  qualifications 
hereinafter  prescribed,  shall  be  entitled  to  vote  at  the  first 
election,  and  shall  be  eligible  to  any  office  within  the  said 
Territory;  but  the  qualifications  of  voters,  and  of  holding 
office,  at  all  subsequent  elections,  shall  be  such  as  shall  be 
prescribed  by  the  Legislative  Assembly :  Provided,  That 
the  right  of  sufi"rage  and  of  holding  office  shall  be  exercised 
only  by  citizens  of  the  United  States  and  those  who  shall 
have  declared  on  oath  their  intention  to  become  such,  and 
shall  have  taken  an  oath  to  support  the  Constitution  of 
the  United  States  and  the  provisions  of  this  act:  And  pro- 
vided, further,  That  no  officer,  soldier,  seaman,  or  marine, 
or  other  person  in  the  army  or  navy  of  the  United  States, 
or  attached  to  troops  in  the  service  of  the  United  States, 
shall  be  allowed  to  vote  or  hold  office  in  said  Territory, 
by  reason  of  being  on  service  therein. 


KANSAS  AND  NEBRASKA  ACT. 


115 


Sec.  6.  That  the  legislative  power  of  the  Territory 
shall  extend  to  all  rightful  subjects  of  legislation  consistent 
with  the  Constitution  of  the  United  States  and  the  pro- 
visions of  this  Act;  but  no  law  shall  be  passed  interfering 
with  the  primary  disposal  of  the  soil;  no  tax  shall  be  im- 
posed upon  the  property  of  the  United  States;  nor  shall 
the  lauds  or  other  property  of  non-residents  be  taxed 
higher  than  the  lands  or  other  property  of  residents. 
Every  bill  which  shall  have  passed  the  Council  and  House 
of  Representatives  of  said  Terri-iory.  shall,  before  it  become 
a  law,  be  presented  to  the  Governor  of  the  Territory  ;  if 
he  approve,  he  shall  sign  it ;  but  if  not,  he  shall  return  it, 
with  his  objections,  to  the  House  in  which  it  originated, 
who  shall  enter  the  objections  at  large  on  their  journal, 
and  proceed  to  reconsider  it.  If.  after  such  reconsidera- 
tion, two-thirds  of  that  House  shall  agree  to  pass  the  bill, 
it  shall  be  sent,  together  with  the  objections,  to  the  other 
House,  by  which  it  shall  likewise  be  reconsidered,  and  if 
approved  by  two-thirds  of  that  House,  it  shall  become  a 
law.  But  in  all  such  cases  the  votes  of  both  Houses  shall 
be  determined  by  yeas  and  nays,  to  be  entered  on  the  jour- 
nal of  each  House  respectively.  If  any  bill  shall  not  be 
returned  by  the  G-overnor  within  three  days  (Sundays  ex- 
cepted) after  it  shall  have  been  presented  to  him,  the  same 
shall  be  a  law  in  like  manner  as  if  he  had  signed  it.  unless 
the  Assembly,  by  adjournment,  prevent  its  return,  in  which 
case  it  shall  not  be  a  law. 

Sec.  7.  That  all  township,  district,  and  county  officers, 
not  herein  otherwise  provided  for,  shall  be  appointed  or 
elected,  as  the  case  may  be,  in  such  manner  as  shall  be  pro- 
vided by  the  Governor  and  Legislative  Assembly  of  the 
Territory  of  Nebraska.  The  Governor  shall  nominate,  and, 
by  and  with  the  advice  and  consent  of  the  Legislative  Coun- 
cil, appoint  all  officers  not  herein  otherwise  provided  for; 
and  in  the  first  instance  the  Governor  alone  may  appoint 
all  said  officers,  who  shall  hold  their  offices  until  the  end 
of  the  first  session  of  the  Legislative  Assembly ;  and  shall 
lay  off  the  necessary  districts  for  members  of  the  Council 
and  House  of  Representatives,  and  all  other  officers. 

Sec.  8.    That  no  member  of  the  Legislative  Assembly 


116 


KANSAS  AND  NEBRASKA  ACT. 


shall  liold,  or  be  appointed  to  any  office  wliicli  may  have  been 
created,  or  the  salary  or  emoluments  of  which  shall  have 
been  increased,  while  he  was  a  member,  during  the  term  for 
which  he  was  elected,  and  for  one  year  after  the  expiration 
of  such  term;  but  this  restriction  shall  not  be  applicable  to 
members  of  the  first  Legislative  Assembly ; "^nd  no  person 
holding  a  commission  or  appointment  under  the  (jnited 
States,  except  postmasters,  shall  be  a  member  of  the  Leg- 
islative Assembly,  or  shall  hold  any  office  under  the  gov- 
ernment of  said  Territory. 

Sec.  9.  That  the  judicial  power  of  said  Territory  shall 
be  vested  in  a  Supreme  Court,  District  Courts,  Probate 
Courts,  and  in  Justices  of  the  Peace.  The  Supreme  Court 
shall  consist  of  a  Chief  Justice  and  two  Associate  Jus- 
tices, any  two  of  whom  shall  constitute  a  quorum,  and 
who  shall  hold  a  term  at  the  seat  of  government  of  said 
Territory  annually,  and  they  shall  hold  their  offices  during 
the  period  of  four  years,  and  until  their  successors  shall  be 
appointed  and  qualified.  The  said  Territory  shall  be  di- 
vided into  three  judicial  districts,  and  a  District  Court  shall 
be  held  in  each  of  said  districts  by  one  of  the  Justices  of 
the  Supreme  Court,  at  such  times  and  places  as  may  be  pre- 
scribed by  law;  and  the  said  Judges  shall,  after  their  ap- 
pointments, respectively  reside  in  the  district  which  be  as- 
signed them.  The  jurisdiction  of  the  several  courts  herein 
provided  for — both  appellate  and  original — and  that  of  the 
Probate  Courts  and  of  Justices  of  the  Peace,  shall  be  lim- 
ited by  law :  Provided,  That  Justices  of  the  Peace  shall 
not  have  jurisdiction  of  the  matter  in  controversy  when  the 
title  or  boundaries  of  lands  may  be  in  dispute,  or  where  the 
debt  or  sum  claimed  shall  exceed  one  hundred  dollars;  and 
the  said  Supreme  and  District  Courts,  respectively,  shall 
possess  chancery  as  well  as  common  law  jurisdiction.  Each 
District  Court,  or  the  judge  thereof,  shall  appoint  its  clerk, 
who  shall  also  be  the  register  in  chancery,  and  shall  keep 
his  office  at  the  place  where  the  Court  may  be  held.  Writs 
of  error,  bills  of  exception,  and  appeals,  shall  be  allowed 
in  all  cases  from  the  final  decisions  of  said  District  Courts 
to  the  Supreme  Court,  under  such  regulations  as  may  be 
prescribed  by  law ;  but  in  no  case  removed  to  the  Supreme 


KANSAS  AND  NEBRASKA  ACT. 


117 


Court  sliall  trial  by  jury  be  allowed  by  said  Court.  The 
Supreme  Court,  or  the  Justices  thereof,  shall  appoint  its 
own  clerk,  and  every  clerk  shall  hold  his  office  at  the  pleas- 
ure of  the  Court  for  which  he  shall  have  been  appointed. 
^yrits  of  error  and  appeals  from  the  final  decision  of  said 
Supreme  Court  shall  be  allowed,  and  may  be  taken  to  the 
Supreme  Court  of  the  United  States  in  the  same  manner 
and  under  the  same  regulations  as  from  the  Circuit  Courts 
of  the  United  States,  where  the  value  of  the  property,  or 
the  amount  in  controversy,  to  be  ascertained  by  the  oath  or 
affirmation  of  either  party,  or  other  competent  witness,  shall 
exceed  one  thousand  dollars  ;  except  only  that  in  all  cases 
involving  title  to  slaves,  the  said  writs  of  error  or  appeals 
shall  be  allowed  and  decided  by  the  said  Supreme  Court, 
without  regard  to  the  value  of  the  matter,  property,  or  title  in 
controversy  ;  and  except  also  that  a  writ  of  error  or  appeal 
shall  also  be  allowed  to  the  Supreme  Court  of  the  United 
States,  from  the  decisions  of  the  said  Supreme  Court  cre- 
ated by  this  act,  or  of  any  judge  thereof,  or  of  the  District 
Courts  created  by  this  Act,  or  of  any  judge  thereof,  upon  any 
writ  of  habeas  corpus,  involving  the  question  of  personal 
freedom :  Provided^  That  nothing  herein  contained  shall  be 
construed  to  apply  to  or  affect  provisions  of  the  "  Act  re- 
specting fugitives  from  justice,  and  persons  escaping  from 
the  service  of  their  masters,"  (approved  February  12,  1793.) 
and  the  "  Act  to  amend  and  supplementary  to  the  aforesaid 
Act,"  (approved  September  18,  1850;)  and  each  of  the  said 
District  Courts  shall  have  and  exercise  the  same  jurisdic- 
tiop  in  all  cases  arising  under  the  Constitution  and  laws  of 
the  United  States  as  is  vested  in  the  Circuit  and  District 
Courts  of  the  United  States ;  and  the  said  Supreme  and 
District  Courts  of  the  said  Territory,  and  the  respective 
judges  thereof,  shall  and  may  grant  writs  of  habeas  corpus 
in  all  cases  in  which  the  same  are  granted  by  the  judges  of 
the  United  States  in  the  District  of  Columbia;  and  the  first 
six  days  of  every  term  of  said  courts,  or  so  much  thereof 
as  shall  be  necessary,  shall  be  appropriated  to  the  trial  of 
causes  arising  under  the  said  Constitution  and  laws;  and 
writs  of  error  and  appeal  in  all  such  cases  shall  be  made  to 
the  Supreme  Court  of  said  Territory,  the  same  as  in  other 


118 


KANSAS  AND  NEBRASKA  ACT. 


eases.  The  said  clerk  shall  receive,  in  all  such  cases,  the 
same  fees  which  the  clerks  of  the  District  Courts  of  Utah 
Territory  now  receive  for  similar  services. 

Sec.  10.  That  the  provisions  of  an  Act  entitled  "an  Act 
respecting  fugitives  from  justice,  and  persons  escaping 
from  the  service  of  their  masters,"  (approved  February  12, 
1793,)  and  the  provisions  of  the  Act  entitled  "an  Act  to 
amend,  and  supplementary  to  the  aforesaid  Act,"  (approved 
September  18,  1850,)  be,  and  the  same  are  hereby,  declared 
to  extend  to  and  be  in  full  force  within  the  limits  of  said 
Territory  of  Nebraska. 

Sec.  11.  That  there  shall  be  appointed  an  attorney  for 
said  Territory,  who  shall  continue  in  office  for  four  years, 
and  until  his  successor  shall  be  appointed  and  qualified, 
unless  sooner  removed  by  the  President,,  and  who  shall  re- 
ceive the  same  fees  and  salary  as  the  attorney  of  the  United 
States  for  the  present  Territory  of  Utah.  There  shall  also 
be  a  marshal  for  the  Territory  appointed,  who  shall  hold 
his  office  for  four  years,  and  until  his  successor  shall  be  ap- 
pointed and  qualified,  unless  sooner  removed  by  the  Presi- 
dent, and  who  shall  execute  all  processes  issuing  from  the 
said  courts  when  exercising  their  jurisdiction  as  Circuit  and 
District  Courts  of  the  United  States ;  he  shall  perform  the 
duties,  be  subject  to  the  same  regulations  and  penalties,  and 
be  entitled  to  the  same  fees  as  the  marshal  of  the  District 
Court  of  the  United  States  for  the  present  Territory  of 
Utah,  and  shall,  in  addition,  be  paid  two  hundred  dollars 
annually  as  a  compensation  for  extra  services. 

Sec.  12.  That  the  Governor,  Secretary,  Chief  J ustice,  and 
Associate  Justices,  Attorney,  and  Marshal,  shall  be  nom- 
inated, and — by  and  with  the  advice  and  consent  of  the  Sen- 
ate— appointed  by  the  President  of  the  United  States.  The 
Governor  and  Secretary,  to  be  appointed  as  aforesaid,  shall, 
before  they  act  as  such,  respectively  take  an  oath  or  affirma- 
tion before  the  District  Judge  or  some  J  ustice  of  the  Peace  in 
the  limits  of  said  Territory,  duly  authorized  to  administer 
oaths  and  affirmations  by  the  laws  now  in  force  therein,  or 
before  the  Chief  Justice  or  some  Associate  Justice  of  the  Su- 
preme Court  of  the  United  States,  to  support  the  Constitution 
of  the  United  States,  and  faithfully  discharge  the  duties  of 


KANSAS  AND  NEBRASKA  ACT. 


no 


their  respective  offices,  ^vliicli  said  oatlis,  when  so  taken, 
shall  be  certified  by  the  person  by  whom  the  same  shall  have 
been  taken  ;  and  such  certificates  shall  be  received  and  re- 
corded by  the  said  Secretary  among  the  executive  proceed- 
ings ;  and  the  Chief  Justice,  and  Associate  Justices,  and  all 
other  civil  officers  in  said  Territory,  before  they  act  as  such, 
shall  take  a  like  oath  or  affirmation  before  the  said  Gov- 
ernor or  Secretary,  or  some  Judge  or  Justice  of  the  Peace 
of  the  Territory,  who  may  be  duly  commissioned  and  qual- 
ified, which  said  oath  or  affirmation  shall  be  certified  and 
transmitted  by  the  person  taking  the  same  to  the  Secretary, 
to  be  by  him  recorded  as  aforesaid;  and  afterward,  the  like 
oath  or  affirmation  shall  be  taken,  certified,  and  recorded 
lA  such  manner  and  form  as  may  be  prescribed  by  law. 
The  Grovernor  shall  receive  an  annual  salary  of  two  thou- 
sand five  hundred  dollars.  The  Chief  Justice  and  Associ- 
ate Justices  shall  receive  an  annual  salary  of  two  thousand 
dollars.  The  Secretary  shall  receive  an  annual  salary  of 
two  thousand  dollars.  The  said  salaries  shall  be  paid  quar- 
ter-yearly, from  the  dates  of  the  respective  appointments, 
at  the  treasury  of  the  United  States;  but  no  such  payment 
shall  be  made  until  said  officers  shall  have  entered  upon 
the  duties  of  their  respective  appointments.  The  members 
of  the  Legislative  Assembly  shall  be  entitled  to  receive 
three  dollars  each  per  day  during  their  attendance  at  the 
sessions  thereof,  and  three  dollars  each  for  every  twenty 
miles'  travel  in  going  to  and  returning  from  the  said  ses- 
sions, estimated  according  to  the  nearest  usually  traveled 
route;  and  an  additional  allowance  of  three  dollars  shall  be 
paid  to  the  presiding  officer  of  each  House  for  each  day  he 
shall  so  preside.  And  a  chief  clerk,  one  assistant  clerk,  a 
sergeant-at-arms,  and  door-keeper  may  be  chosen  for  each 
House ;  and  the  chief  clerk  shall  receive  four  dollars  per 
day,  and  the  said  other  officers  three  dollars  per  day,  during 
the  session  of  the  Legislative  Assembly;  but  no  other  officer 
shall  be  paid  by  the  Unire  i  States  :  ^Provided,  That  there 
shall  be  but  one  session  of  the  Legislature  annually,  unless, 
on  an  extraordinary  occasion,  the  Governor  shall. think 
proper  to  call  the  Legislature  together.  There  shall  be  ap- 
propriated, annually,  the  usual  sum,  to  be  expended  by  the 


120 


KANSAS  AND  NEBRASKA  ACT. 


Governor,  to  defray  the  contingent  expenses  of  the  Terri- 
tory, including  the  salary  of  a  Clerk  of  the  Executive  De- 
partment; and  there  shall  also  be  appropriated,  annually, 
a  sufficient  sum,  to  be  expended  by  the  Secretary  of  the 
Territory,  and  upon  an  estimate  to  be  made  by  the  Secre- 
tary of  the  Treasury  of  the  United  States,  to  defray  the 
expenses  of  the  Legislative  Assembly,  the  printing  of  the, 
laws,  and  other  incidental  expenses;  and  the  Governor  a?<i 
Secretary  of  the  Territory  shall,  in  the  disbursement  of  all 
moneys  intrusted  to  them,  be  governed  solely  by  the  in- 
structions of  the  Secretary  of  the  Treasury  of  the  Unite/ 
States,  and  shall,  semi-annually,  account  to  the  said  Secretaiy 
for  the  manner  in  which  the  aforesaid  moneys  shall  have 
been  expended;  and  no  expenditure  shall  be  made  by  said 
Legislative  Assembly  for  objects  not  specially  authorized  by 
the  Acts  of  Congress  making  the  appropriations,  nor  beyond 
the  sums  thus  appropriated  for  such  objects. 

Sec.  13.  That  the  Legislative  Assembly  of  the  Territory 
of  Nebraska  shall  hold  its  first  session  at  such  time  and 
place  in  said  Territory  as  the  Governor  thereof  shall  appoint 
and  direct ;  and  at  said  first  session,  or  as  soon  thereafter  aB 
they  shall  deem  expedient,  the  Governor  and  Legislative  As- 
sembly shall  proceed  to  locate  and  establish  the  seat  of  gov- 
ernment for  said  Territory  at  such  place  as  they  may  deem 
eligible  ;  which  place,  however,  shall  thereafter  be  subject  to 
be  changed  by  the  said  Governor  and  Legislative  Assembly. 

Sec.  14.  That  a  delegate  to  the  House  of  Representa- 
tives of  the  United  States,  to  serve  for  the  term  of  two 
years,  who  shall  be  a  citizen  of  the  United  States,  may  be 
elected  by  the  voters  qualified  to  elect  members  of  the  Leg- 
islative Assembly,  who  shall  be  entitled  to  the  same  rights 
and  privileges  as  are  exercised  and  enjoyed  by  the  delegates 
from  the  several  other  Territories  of  the  United  States  to 
the  said  House  of  Representatives;  but  the  delegate  first 
elected  shall  hold  his  seat  only  during  the  term  of  the  Con- 
gress to  which  he  shall  be  elected.  The  first  election  shall  be 
held  at  such  time  and  places,  and  be  conducted  in  such  man- 
ner as  the  Governor  shall  appoint  and  direct;  and  at  all  sub- 
sequent elections  the  times,  places,  and  manner  of  holding  the 
elections  shall  be  prescribed  by  law.    The  person  Laving 


KANSAS  AND  NEBRASKA  ACT. 


121 


the  greatest  number  of  votes  shall  be  declared  by  the  Grov- 
ernor  to  be  duly  elected,  and  a  certificate  thereof  shall  be 
given  accordingly.  That  the  Constitution,  and  all  the  laws 
of  the  United  States  which  are  not  locally  inapplicable,  shall 
have  the  same  force  and  effect  within  the  said  Territory  of 
Nebraska  as  elsewhere  within  the  United  States,  except  the 
eighth  section  of  the  act  preparatory  to  the  admission  of 
Missouri  into  the  Union,  (approved  March  6,  1820,)  which, 
being  inconsistent  with  the  principle  of  non-intervention 
by  Congress  with  slavery  in  the  States  and  Territories — as 
recognized  by  the  legislation  of  1850,  commonly  called  the 
Compromise  Pleasures — is  hereby  declared  inoperative  and 
void;  it  being  the  true  intent  and  meaning  of  this  act  not 
to  legislate  slavery  into  any  Territory  or  State,  nor  to  exclude 
it  therefrom,  but  to  leave  the  people  thereof  perfectly  free 
to  form  and  regulate  their  domestic  institutions  in  their  own 
way,  subject  only  to  the  Constitution  of  the  United  States: 
Provided,  That  nothing  herein  contained  shall  be  construed 
to  revive  or  put  in  force  any  law  or  regulation'  which  may 
have  existed  prior  to  the  act  of  March  6,  1820,  either  pro- 
tecting, establishing,  prohibiting,  or  abolishing  slavery. 
.  Sec.  15.  That  there  shall  hereafter  be  appropriated,  as 
has  been  customary  for  the  territorial  governments,  a  suffi- 
cient amount,  to  be  expended  under  the  direction  of  the  said 
G-overnor  of  the  Territory  of  Nebraska,  not  exceeding  the 
sums^  heretofore  appropriated  for  similar  objects,  for  the 
erection  of  suitable  public  buildings  at  the  seat  of  govern- 
ment, and  for  the  purchase  of  a  library,  to  be  kept  at  the 
seat  of  government,  for  the  use  of  the  G-overnor,  Legislative 
Assembly,  Judges  of  the  Supreme  Court,  Secretary,  Marshal, 
and  Attorney  of  said  Territory,  and  such  other  persons,  and 
under  such  regulations,  as  shall  be  prescribed  by  law. 

Sec.  16.  That  when  the  lands  in  said  Territory  shall  be 
surveyed  under  the  direction  of  the  Government  of  the 
United  States,  preparatory  to  bringing  the  same  into  mar- 
ket, sections  numbered  sixteen  and  thirty-six,  in  each  town- 
ship in  said  Territory,  shall  be,  and  the  same  are  hereby, 
reserved  for  the  purpose  of  being  applied  to  schools  in  said 
Territory,  and  in  the  States  and  Territories  hereafter  to  be 
erected  out  of  the  same. 
11 


122 


KANSAS  AND  NEBRASKA  ACT. 


Sec.  17.  That,  until  otherwise  provided  by  law,  the  Gov- 
ernor of  said  Territory  may  define  the  judicial  districts  of 
said  Territory,  and  assign  the  judges  who  may  be  appointed 
for  said  Territory  to  the  several  districts  ;  and  also  appoint 
the  times  and  places  for  holding  courts  in  the  several  coun- 
ties or  subdivisions  in  each  of  said  judicial  districts  by  proc- 
lamation, to  be  issued  by  him;  but  the  Legislative  Assem- 
bly, at  their  first  or  any  subsequent  session,  may  organize, 
alter,  or  modify  such  judicial  districts,  and  assign  the  judges, 
and  alter  the  times  and  places  of  holding  the  courts,  as  to 
them  shall  seem  proper  and  convenient. 

Sec.  18.  That  all  officers  to  be  appointed  by  the  Pres 
ident,  by  and  with  the  advice  and  consent  of  the  Senate, 
for  the  Territory  of  Nebraska,  who,  by  virtue  of  the  provis- 
ions of  any  law  now  existing,  or  which  may  be  enacted  dur- 
ing the  present  Congress,  are  required  to  give  security  foi 
moneys  that  may  be  intrusted  with  them  for  disbursement?^ 
shall  give  security,  at  such  time  and  place,  and  in  such  man- 
ner as  the  Secretary  of  Treasury  may  prescribe. 

Sec.  19.  That  all  that  part  of  the  territory  of  the  United 
States  included  within  the  following  limits,  except  such  por- 
tions thereof  as  are  hereinafter  expressly  exempted  from  the. 
operations  of  this  act,  to  wit:  beginning  at  a  point  on  the 
western  boundary  of  the  State  of  Missouri,  where  the  thirty- 
seventh  parallel  of  north  latitude  crosses  the  same  ;  thence 
west  on  said  parallel  to  the  eastern  boundary  of  New  Mexico  ; 
thence  north  on  said  boundary  to  latitude  thirty-eight; 
thence  following  said  boundary  westward  to  the  east  bound- 
ary of  the  Territory  of  Utah,  on  the  summit  of  the  Rocky 
Mountains  ;  thence  northward  on  said  summit  to  the  fortieth 
parallel  of  latitude  ;  thence  east  on  said  parallel  to  the  west- 
ern boundary  of  the  State  of  Missouri;  thence  south  with 
the  western  boundary  of  said  State  to  the  place  of  begin- 
ning, be,  and  the  same  is  hereby,  created  into  a  temporary 
government  by  the  name  of  the  Territory  of  Kansas ;  and 
when  admitted  as  a  State  or  States,  the  said  Territory,^  or 
any  portion  of  the  same,  shall  be  received  into  the  Union 
with  or  without  slavery,  as  the  Constitution  may  prescribe 
at  the  time  of  their  admission :  Provided,  That  nothing  in 
this  Act  contained  shall  be  construed  to  inhibit  the  Gov- 


KANSAS  AND  NEBRASKA  ACT. 


123 


erament  of  the  United  States  from  dividing  said  Territory 
into  two  or  more  Territories,  in  such  manner  and  at  such 
times  as  Congress  shall  deem  convenient  and  proper,  or  from 
attaching  any  portion  of  said  Territory  to  any  other  State 
or  Territory  of  the  United  States:  Provided^ further,  That 
nothing  in  this  Act  contained  shall  be  so  construed  as  to 
impair  the  rights  of  persons  or  property  now  pertaining  to 
the  Indians  in  said  Territory,  so  long  as  such  rights  shall 
remain  unextinguished  by  treaty  between  the  United  States 
and  such  Indians,  or  to  include  any  Territory  which,  by 
treaty  with  any  Indian  tribe,  is  not,  without  the  consent 
of  said  tribe,  to  be  included  within  the  territorial  limits  or 
jurisdiction  of  any  State  or  Territory;  but  all  such  territory 
shall  be  excepted  out  of  the  boundaries,  and  constitute  no 
part  of  the  Territory  of  Kansas,  until  said  tribe  shall  signify 
their  assent  to  the  President  of  the  United  States  to  b"e  in- 
cluded within  the  said  Territory  of  Kansas,  or  to  affect  the 
authority  of  the  Government  of  the  United  States  to  make 
any  regulation  respecting  such  Indians,  their  lands,  property, 
or  other  rights,  by  treaty,  law,  or  otherwise,  which  it  would 
have  been  competent  to  the  government  to  make  if  this  act 
had  never  passed. 

[With  the  single  exception  of  the  location  of  the  seat  of 
government  for  Kansas  at  Fort  Leavenworth,  provided  for 
in  section  31.  the  ensuing  sixteen  sections,  relative  to  the 
organization  and  government  of  the  Territory,  are  precisely 
similar  to  the  sections  already  recited,  providing  for  the  gov 
ernment  of  Nebraska  Territory.  The  final  section  of'^the 
act.  which  has  a  general  reference  to  both  Territories,  is  as 
follows :]  ' 

Sec.  37.  And  he  it  further  enacted,  That  all  treaties, 
laws,  and  other  engagements  made  by  the  G-overnment  of 
the  United  States  with  the  Indian  tribes  inhabiting  the  Ter- 
ritories embraced  within  this  act,  shall  be  faithfully  and  rig- 
idly observed,  notwithstanding  any  thing  contained  in  this 
act;  and  that  the  existing  agencies  and  superintendencies 
of  said  Indians  be  continued,  with  the  same  powers  and  du- 
ties which  are  now  prescribed  by  law,  except  that  the  Pres- 
ident of  the  United  States  may.  at  his  discretion,  change  the 
location  of  the  office  of  superintendent. 


HISTORY  OF  EACH  OF  THE  STATES. 


VIRGINIA. 

"The  Old  Dominion,"  so  distinguished  as  being  the 
native  State  of  the  Father  of  American  Liberty,  and  the 
"Mother  of  Presidents,"  really  seemed  at  one  time,  to  be 
peculiarly  favorable  to  the  birth  and  development  of  states- 
men. It  has  furnished  no  less  than  five  Presidents,  among 
whom  are  Washington,  Monroe,  Madison,  and  Jefferson.  It 
was  the  first  Colony,  on  the  Continent,  settled  by  the 
English.  In  1607,  a  company  formed  under  the  patronage  of 
James  I,  obtained  a  grant  to  make  settlements  in  America, 
between  the  34th  and  38th  degrees  of  north  latitude.  In 
May,  1607,  a  colony  of  one  hundred  and  five  persons,  un- 
der direction  of  this  company,  arrived  off  the  coast  of  South 
Virginia.  Their  intention  had  been  to  form  a  settlement  on 
Roanoke,  now  in  North  Carolina ;  but  being  driven  north 
by  a  violent  storm,  they  discovered  and  entered  the  mouth 
of  Chesapeake  Bay.  Passing  up  this  bay  they  named  its 
capes — Henry  and  Charles — in  honor  of  the  king's  two 
sons.  They  were  commanded  by  Capt.  Christopher  New- 
port, an  experienced  and  distinguished  navigator.  Passing 
up  James  River,  they  arrived  at  a  peninsula,  upon  which 
they  landed  and  established  Jamestown. 

After  promulgating  a  code  of  laws  which  had  been  formed 
by  the  London  company,  Capt.  Newport  sailed  for  England, 
leaving  the  colony  under  the  care  of  Capt.  John  Smith, 
whose  subsequent  relations  to  the  settlement  became  so  im- 
portant, and  without  whose  efforts  the  enterprise  would  doubt- 
less have  proved  a  failure.  The  colonists  seem  to  have  been 
very  poorly  adapted  to  the  labor  required  at  their  hands. 
Too  many  of  them  were  gentlemen,  and  canae,  it  appears, 
only  to  enrich  themselves  by  gathering  gold,  which,  they  had 
heard,  was  very  abundant. 
124 


HISTORY  OP  THE  STATES. 


125 


Through  a  series  of  difficulties,  which  it  is  rarely  the  lot 
of  man  to  encounter,  this  colony  progressed ;  the  settlers 
awhile  quarreling  among  themselves,  and  awhile  contending 
against  savages  and  famine,  for  bare  existence,  until  the  pe- 
riod of  the  Revolution,  in  which  it  was  one  of  the  first  col- 
onies to  take  active  part,  furnishing  to  the  young  republic 
many  of  its  most  efficient  military  chieftains  and  statesmen. 
It  ratified  the  Constitution  June  26,  1788.  After  the  Rev- 
olution its  course  was  for  many  years  one  of  great  prosper- 
ity.^ But,  unfortunately,  the  year  1861  found  the  majority 
of  its  statesmen  arrayed  against  the  Government,  on  the 
side  of  secession,  and  on  the  15th  of  April,  1861,  she  se- 
ceded from  the  Union.  On  the  17th  of  June,  1861,  all 
the  counties  lying  between  the  Alleghany  Mountains  and 
the  Ohio  River,  were,  by  a  convention  held  at  Wheeling, 
declared  independent  of  the  old  State  government,  and  were 
organized  into  a  new  State,  called  West  Virginia,  which  re- 
mained loyal.  The  capital  of  the  old  State  was  selected  as 
the  seat  of  government  of  the  so-called  Confederate  States 
of  America. 

MASSACHUSETTS. 

Massachusetts  was  settled  in  the  year  1620,  by  the  Puri- 
tans. These  people,  having  been  severely  persecuted  in 
England,  had  previously  taken  refuge  in  Holland;  but  for 
various  reasons  they  determined,  after  remaining  in  Holland 
a  season,  to  emigrate  to  the  New  World.  Unfortunately, 
they  started  at  a  very  unpropitious  season  of  the  year,  ar- 
riving at  New  England  in  the  winter.  The  severity  of  the 
clirnate,  their  scarcity  of  food  at  times,  operated  seriously 
against  their  comfort  and  progress.  It  is  said  that  they 
were  frequently  threatened  with  starvation.  At  one  time 
the  entire  company  had  but  one  pint  of  Indian  corn,  which 
being  divided  equally  among  them,  allowed  to  each  person 
eight  grains.  But,  unlike  the  early  settlers  of  Virginia, 
they  were  all  working  men,  and  good  economists.  From 
the  time  of  the  landing  at  Plymouth,  up  to  1691,  this  first 
settlement  was  known  as  the  Plymouth  Colony.  Mean- 
time, another  settlement  had  been  formed,  styled  the  Mas- 
sachusetts Colony.    Both  were  for  some  years  under  the 


126 


HISTORY  OF  THE  STATES. 


control  of  a  London  company.  In  1691,  Massachusetts  and 
Plymouth  Colonies  were  united,  and  thenceforward  their  his- 
tory is  one.  The  people  of  Massachusetts  were,  during  the 
early  part  of  their  colonial  existence,  sorely  vexed,  at  times, 
by  thh  Indians,  especially  by  the  Pequods.  They,  unfor- 
tunately, had  imbibed,  during  their  own  persecutions,  too 
much  of  the  spirit  of  conscription,  and,  although  them- 
selves refugees  from  religious  bigotry,  sullied  much  of  their 
history  prior  to  the  Kevolution  by  punishing  what  they 
called  heresy  in  the  Quakers  and  Baptists.  During  1774 
and  1775,  Massachusetts  took  a  very  prominent  part  in  fa- 
vor of  colonial  rights,  and  was  the  first  State  to  manifest 
the  spirit  of  resentment  toward  Grreat  Britain.  Its  history 
during  the  War  for  Independence  is  one  of  glory.  It 
adopted  the  Constitution  June  6,  1788. 

NEW  HAMPSHIRE. 

This  State  was  a  part  of  Massachusetts  up  to  the  year 
1680.  It  was,  however,  settled  in  1624,  the  first  settlement 
being  formed  at  Dover  by  the  English.  In  1680,  it  was 
erected  into  a  separate  colony,  and  its  first  legislative  assem- 
bly met  this  year.  John  Mason  was  its  first  Governor.  It 
Bufiered  severely  from  Indian  wars,  and  its  progress,  during 
the  first  years  of  its  existence,  was  slow.  In  1742  it  con- 
tained only  six  hundred  persons  liable  to  taxation.  Its  first 
Constitution  was  formed  in  1683.  It  sufi'ered  from  the 
effects  of  an  insurrection  in  1686,  although  prior  and  sub- 
sequent to  this  affair,  it  seems  to  have  been  one  of  the  most 
peaceful  and  quiet  of  the  colonies.  It  is  distinguished  for  its 
excellent  pastures,  towering  hills,  and  fine  cattle.  The  White 
Mountains  are  the  highest  in  New  England.  It  took  a 
prominent  and  active  part  in  the  Bevolution.  It  ratified 
the  Constitution  June  21,  1788,  since  which  time  it  has 
been  highly  prosperous.  Its  present  population  is  318,300. 
Its  course  during  the  rebellion  v/as  highly  commend- 
able. 

MARYLAND. 


In  1632,  Sir  George  Calvert  (Lord  Baltimore)  visited 


HISTQRT  OP  THE  STATES. 


127 


America,  explored  a  tract  of  country  lying  on  the  Chesa- 
peake Bay,  belonging  to  what  was  then  called  South  Vir- 
ginia, and  returned  to  England  to  procure  a  grant  for  it. 
But  before  the  patent  was  made  out,  he  died,  and  it  was 
given  to  his  son  Cecil.  The  province  was  named  by  King 
Charles  I,  in  the  patent,  in  honor  of  his  Queen,  Henrietta 
Maria.  A  part  of  the  province  appears  to  have  been  in- 
cluded in  the  grant  made  some  time  afterward  to  William 
Penn,  and  to  have  caused  much  contention  between  the  suc- 
cessors of  Penn  and  Baltimore. 

In  March,  1634,  Leonard  Calvert,  the  brother  of  Cecil, 
arrived  at  the  mouth  of  the  Potomac  River,  bringing  with 
him  two  hundred  emigrants,  most  of  whom  were  Roman 
Catholic  gentlemen.  Leaving  the  vessel,  he  ascended  in  a 
pinnace  as  far  as  Piskataqua,  an  Indian  village  nearly  op- 
posite Mount  Vernon.  The  Indian  Sachem  gave  him  full 
liberty  to  settle  there  if  he  chose  ;  but  not  deeming  it  safe, 
he  began  a  settlement  lower  down  on  a  branch  of  the  Po- 
tomac, at  the  Indian  town  of  Yoacomoco.  The  settlement 
was  called  St.  Mary's. 

Maryland  made  a  very  fortunate  beginning.  The  colo- 
nists arrived  in  time  to  make  a  crop  for  that  year.  Their 
neighbors  in  Virginia  supplied  them  with  cattle,  and  pro- 
tected them  in  great  part  from  the  Indians,  while  their  own 
kind  and  consistent  course  materially  promoted  their  happy 
relations  with  the  savages. 

The  charter  which  had  been  granted  them  was  very  lib- 
eral— ceding  to  them  the  full  power  of  legislation,  without 
any  interference  on  the  part  of  the  Crown.  In  1635,  they 
made  laws  for  their  government,  which  were  somewhat 
modified  in  1639.  In  1650,  they  had  an  upper  and  lower 
legislative  assembly,  as  had  their  Virginia  neighbors. 

Ten  or  twelve  years  after  its  settlement,  Maryland  was 
disturbed  by  an  insurrection,  headed  by  one  Clayborne;  but 
this  difficulty  was  soon  settled.  It  played  a  conspicuous 
part  in  the  Revolution,  and  adopted  the  Constitution  April 
28,  1788.  Its  progress  has  been  fair,  its  present  popula- 
tion being  780,894.  Its  geographical  position  and  the 
mixed  political  character  of  its  people  caused  it  to  assume 
a  rather  dubious  attitude  at  the  commencement  of  the  re- 


128 


HISTORY  OF  THE  STATES. 


bellion  of  1861.  Some  of  its  best  statesmen,  however,  were 
among  the  most  uncompromising  friends  of  the  Union. 

NEW  YORK. 

Captain  Henry  Hudson,  the  famous  voyager,  discovered 
what  is  now  New  York,  together  with  a  considerable  ex- 
tent of  territory  contiguous  to  it,  in  the  year  1609.  Al- 
though an  Englishman  by  nativity,  Hudson  was  at  this 
time  employed  by  the  Dutch,  (Hollanders)  who,  conse- 
quently, claimed  the  territory.  Meantime  the  English  set 
up  a  claim  to  ?fc,  as  being  part  of  North  Virginia.  They 
also  claimed  it  on  account  of  Hudson  being  an  English- 
man. The  Dutch,  however,  determined  to  hold  it,  and  in 
1610  opened  a  trade  with  the  natives  at  Manhattan  Island, 
on  the  spot  where  the  city  of  New  York  now  stands.  They 
erected  a  fort  on  or  near  the  site  of  Albany,  named  the 
country  in  general.  New  Netherlands,  and  the  station  at 
Manhattan,  New  Amsterdam.  The  Dutch  retained  the 
country  until  the  year  1664. 

It  seems  that,  up  to  this  time,  they  claimed  not  only  the 
present  territory  of  New  York,  but  also  that  of  Connecti- 
cut and  New  Jersey.  The  liberal  governments  of  the  sur- 
rounding colonies  stood  in  great  contrast  with  the  despotic 
one  imposed  by  the  Dutch  Grovernment  upon  their  Ameri- 
can colonists.  And  when,  in  1664,  the  English  squadron  dis- 
patched by  James,  Duke  of  York,  with  instructions  to  take 
possession  of  the  province  of  New  Netherlands,  appeared 
before  New  Amsterdam,  the  inhabitants  were  willing  to  ca- 
pitulate without  resistance.  Peter  Stuyvesant,  their  Grov- 
ernor,  and  an  able  executive,  made  vain  efforts  to  rouse 
them  to  defense,  and  was  forced  to  surrender.  The  Eng- 
lish Government  was  now  acknowledged  over  the  whole  of 
New  Netherlands,  the  capital  receiving  the  name  of  New 
York,  as  well  as  the  province.  From  this  t^'me  forward  to 
the  Revolutionary  War,  New  York  remained  in  the  hands 
of  the  English,  and  was  under  the  control  of  a  very  arbi- 
trary succession  of  Governors.  The  progress  of  the  colony 
was  steady,  in  numbers,  wealth,  and  civilization.  It*  took 
an  active  part  in  the  Revolution,  and  adopted  its  Consti- 


HISTORY  OF  THE  STATES. 


129 


tution  July  26,  1788.  After  tliis  it  outstripped  every  otlier 
State  in  the  Union  in  every  thing  pertaining  to  wealth  and 
greatness,  save  education,  in  which  matter  no  State  can 
compare  with  Massachusetts.  At  the  commencement  of 
the  great  Rebellion,  this  noble  State  showed  herself  truly 
worthy  to  be  ranked  as  the  Empire  State.  She  has  fur- 
nished the  Government  more  money  than  any  other  State. 
Her  population  is  4,382,759. 

COIs^NECTICUT. 

In  the  year  1633,  the  Puritans  of  Massachusetts,  having 
heard  very  flattering  reports  of  the  valley  of  Connecticut, 
resolved  to  make  an  effort  to  settle  it.  Accordingly,  a  com- 
pany of  them  sailed  for  the  Connecticut  River,  taking  with 
them  the  frame  of  a  house.  Meantime  the  Dutch,  claim- 
ing the  territory  as  theirs,  built  a  fort  on  the  river  where 
Hartford  now  stands,  to  prevent  the  emigrants  from  pass- 
ing up.  The  Yankees,  however,  with  that  steady  persever- 
ance which  has  always  marked  their  course,  proceeded  on 
their  way,  paying  no  attention  to  the  Dutch  fort,  whose 
only  demonstration  was  an  ui:i executed  threat  to  fire  on  the 
emigrants  if  they  passed  it.  Landing  where  Farmington 
River  enters  the  Connecticut,  they  founded  the  town  of 
Windsor.  Other  settlements  were  subsequently  formed  at 
Westerfield,  Hartford,  and  Watertown.  The  first  general 
court  was  held  at  Hartford,  in  the  year  1636.  The  prov- 
ince suffered  severely  from  the  depredations  of  the  Pequod 
Indians,  with  which  tribe  a  great  and  decisive  battle  was 
ultimately  fought  on  the  river  Mystic,  in  the  year  1636.'-^ 
During  this  year  the  towns  of  Windsor,  Hartford,  and 
Wethersfield,  met  in  convention  and  formed  a  Government, 
electing  John  Haynes  the  first  Governor  of  the  colony. 

Its  course  from  this  period  forward  was  one  of  great 
prosperity.  It  stood  in  the  front  rank  during  the  war  for 
Independence,  and  in  no  case  was  ever  known  to  flinch 
from  duty.  It  ratified  the  Constitution  June  9,  1788.  Its 
present  population  is  537,454. 


*  This  battle  resulted  in  the  destruction  of  the  Pequod  tribe. 


130 


HISTORY  OP  THE  STATES. 


At  the  commencement  of  tlie  Rebellion,  in  1861,  its  voice 

was  for  the  Union  and  the  Government  of  the  Fathers.  Its 
aid  in  behalf  of  freedom  has  been  earnest  and  efficient. 

RHODE  ISLAND. 

In  June,  1636,  Roger  Williams,  an  earnest,  enthusiastic 
advocate  of  religious  liberty  in  the  broadest  sense,  having 
been  banished  by  the  Puritans  of  Massachusetts  from  that 
colony,  went  to  what  is  now  known  as  Rh^de  Island,  pur- 
chased the  present  site  of  Providence  of  the  Narragansett 
Indians,  and  founded  a  colony,  of  which  he  was  at  once  pas- 
tor, teacher,  and  father.  He  donated  land  to  any  whom  he 
thought  worthy,  and  Providence  Plantation,  as  it  was  long 
called,  became  an  asylum  for  persecuted  Christians  of  all 
denominations,  especially  the  Baptists.  The  first  settle- 
ment in  Rhode  Island  proper,  was  formed  by  William 
Codington,  in  the  year  1636.  Up  to  1640,  the  citizens  of 
Rhode  Island  made  their  own  laws  in  general  convention. 
But,  in  1644,  Roger  Williams,  with  the  aid  of  Gov.  Vane, 
of  Massachusetts,  procured  a  charter  for  two  settlements, 
under  the  name  of  Rhode  Island  and  Providence  Planta- 
tions. The  Constitution  framed  under  this  charter  was  a 
good  one ;  and  lasted  until  the  year  1818.  For  many  years 
the  legislative  assembly  of  this  colony  met  twice  a  year. 

Rhode  Island  is  distinguished  as  the  smallest  State  in  the 
Union.  It  did  noble  service  in  the  war  for  Independence, 
but  did  not,  for  some  reason,  adopt  the  Constitution  till 
the  29th  of  May,  1790.  It  has  been  a  highly  prosperous 
State  ;  is  distinguished  for  its  good  schools  and  large  man- 
ufactories. 

At  the  breaking  out  of*the  Rebellion  in  1861,  it  stepped 
nobly  forward  in  defense  of  the  Government,  sending  its 
own  Governor  to  Washington  at  the  head  of  a  regiment  of 
volunteers.    Its  population  is  217,353. 

NEW  JERSEY, 

At  first,  formed  a  part  of  the  Dutch  province  of  New  Neth- 
erlands.   But  soon  after  the  latter  came  into  the  hands  of 


HISTORY  OF  THE  STATES. 


131 


the  English,  the  Territory  of  New  Jersey  was  transferred 
to  Lord  Berkley  and  Sir  G-eorge  Carteret,  by  the  Duke  of 
York.  The  first  permanent  settlement  was  formed  at  Eliza- 
bethtown,  in  1664,  by  emigrants  from  Long  Island.  Philip 
Carteret  arrived  in  the  colony  in  1665,  and  became  its  first 
G-overnor.  The  province  had  very  little  trouble  with  the 
Indians.  Many  emigrants  from  New  England  and  New 
York  soon  arrived,  and  for  a  series  of  years  the  colony 
advanced  in  prosperity.  It  enjoyed  the  blessings  flowing 
from  a  liberal  form  of  government. 

In  the  year  1685,  the  Duke  of  York  became  the  King 
of  England,  under  the  title  of  James  II,  and  disregarding 
his  former  pledges,  assumed,  in  1688,  the  government  of 
New  Jersey,  placing  it  under  the  control  of  Sir  Edmund 
Andros,  whom  he  had  already  made  Governor  of  New  York 
and  New  England.  This  state  of  things  was  terminated  by 
the  revolution  in  England,  but  left  New  Jersey  for  years 
in  a  very  precarious  condition.  In  1702,  its  proprietors 
having  resigned  their  claims,  it  became  a  royal  province, 
and  was  united  to  New  York.  In  1738  it  became  again  a 
separate  province,  and  so  continued  until  the  Kevolution, 
in  which  it  took  a  very  active  part  in  favor  of  liberty.  It 
ratified  the  Constitution  December  18,  1787.  Thencefor- 
ward its  career  was  a  highly  prosjDerous  one.  Its  strength 
has  been  put  forth  to  aid  in  crushing  the  great  Kebellion. 
Population  906,096. 

DELAWARE. 

G-ustavus  Adolphus,  King  of  Sweden,  formed  a  plan  of 
establishing  colonies  in  America  as  early  as  the  year  1626. 
But  as  he  died  on  the  field  of  Leutzen,  during  the  German 
war  in  1633,  without  carrying  his  scheme  into  effect,  his 
minister  took  it  up,  and  employed  Peter  Minuets,  the  first 
Governor  of  New  Netherlands,  to  carry  it  into  effect.  In 
1638,  a  small  Swedish  colony  arrived  under  the  direction  of 
Minuets,  and  settled  on  Christian  Creek,  near  the  present 
town  of  Wilmington.  Notwithstanding  the  remonstrances 
of  the  Dutch  Government  of  New  Netherlands,  who  claimed 
the  territory,  the  Swedes  continued  to  extend  their  settle- 


132 


HISTORY  OP  THE  STATES. 


ments  from  this  time  until  they  preempted  all  tlie  territory 
from  Cape  Henlopen  to  the  falls  of  the  Delaware.  At  this 
time  the  colony  was  called  New  Sweden.  In  1651,  G-ov- 
ernor  Stuyvesant,  to  check  the  aggressive  movements  of 
the  Swedes,  built  a  fort  near  the  present  site  of  New  Castle, 
of  which  the  Swedes  afterward  obtained  possession  by  strat- 
agem. Enraged  at  this  movement,  the  Grovernment  of 
Holland  ordered  Stuyvesant  to  reduce  the  Swedes  to  sub- 
mission, which  he  speedily  accomplished  with  six  hundred 
men,  in  1655.  The  province  was  soon  after  annexed  to  New 
Netherlands.  Delaware  was,  after  it  fell  into  the  hands  of 
the  English,  included  in  the  grant  made  to  William  Penn, 
in  1692.  It  remained  attached  to  Pennsylvania  till  1691, 
when  it  was  allowed  a  separate  government.  It  was  re- 
united to  Pennsylvania  in  1692.  In  1703,  it  was  again  sep- 
arated, having  its  own  legislature,  though  the  same  Grov- 
ernor  presided  over  both  colonies.  The  ancient  forms  of 
the  government  were  preserved  through  the  revolutionary 
struggle.    It  ratified  the  Constitution  December  7,  1787. 

Its  position,  at  the  commencement  of  the  rebellion  of  1861, 
was  somewhat  dubious.  It  being  a  northerly  slave  State, 
was  somewhat  divided  as  to  where  its  interests  lay.  It, 
however,  finally  came  out  somewhat  decidedly  for  the  Union, 
although  its  entire  strength  was  not  exerted  against  the  re- 
bellion.   Its  population  is  125^015. 

THE  CAROLINAS. 

In  the  year  1563,  the  coast  of  Carolina  was  explored,  and 
named  after  Charles  IX,  of  France.  The  first  attempt  to 
settle  it  was  made  by  the  celebrated  and  accomplished  Sir 
Walter  Raleigh,  in  1585,  twenty-two  years  before  the  set- 
tlement of  Jamestown,  and  thirty-five  years  before  the  Puri- 
tans landed  at  Plymouth.  This  efi"ort  failed,  on  account  of 
the  incapacity  of  the  Governor  appointed  by  Raleigh,  and 
the  ill-behavior  of  the  colonists  toward  the  natives. 

The  first  successful  attempt  was  made  sometime  between 
1640  and  1650,  under  the  direction  of  Governor  Berkley. 
The  settlement  was  made  in  Albemarle  County,  by  a  few 
Virginia  planters.    In  1663,  a  large  tract  of  land,  lying 


HISTORY  OF  THE  STATES. 


133 


between  the  30tli  and  36tli  degrees  of  north  latitude,  hav- 
ing the  Atlantic  Ocean  for  its  eastern  boundary,  was  con- 
veyed by  Charles  II,  to  Lord  Clarendon  and  associates,  un- 
der whose  auspices  a  settlement  was  made  near  the  mouth 
of  Cape  Fear  River,  in  the  year  1665,  by  emigrants  from 
Barbadoes.  Sir  James  Yeomans  was  appointed  Grovernor. 
A  settlement  was  made  at  Port  Royal,  South  Carolina,  in 
1670  ;  and  in  1671,  a  few  persons  located  at  what  was  then 
called  Old  Charleston,  which  place  was  abandoned  in  1680, 
and  the  foundation  of  the  present  city  of  Charleston  laid, 
several  miles  nearer  the  sea. 

All  the  various  settlements  here  mentioned  went  under 
the  general  name  of  Carolina,  until  1571,  when  a  division 
was  made,  and  the  northern  and  southern  portions  were 
called  by  their  distinctive  names,  Xorth  and  South  Carolina. 
These  States  were  the  scenes  of  many  revolutionary  trag- 
edies. South  Carolina,  in  particular,  although  the  home  of 
Sumter,  and  Marion,  and  Rutledge,  was  replete  with  tories, 
(royalists)  who  spared  no  efforts  to  annoy  the  infant  Repub- 
lic, and  play  into  the  hands  of  the  British  Grovernment. 
South  Carolina  ratified  the  Constitution  May  23,  1788,  but 
threatened  to  break  the  compact  in  1832,  and  was  only  pre- 
vented by  the  stern  will  of  President  Jackson.  After  this 
the  State  did  nothing  worthy  of  note  until  December  20, 1860, 
when  it  seceded  from  the  Union,  taking  the  lead  in  the 
great  Rebellion.  Present  population  703,708. 
.  North  Carolina  ratified  the  Constitution  November  21, 
1789,  and  seceded  from  the  Union  May  21,  1861.  Popu- 
lation 992,622. 

PENNSYLVANIA. 

The  Old  Keystone  State,  and  one  of  the  most  wealthy  and 
prosperous  in  the  Union,  was  settled  by  the  Quakers,  under 
the  direction  of  Wm.  Penn,  at  Philadelphia,  in  the  year 
1682.  The  founder  of  this  colony  showed  himself  a  phil- 
osopher, a  philanthropist,  a  thorough  political  economist,  at 
the  very  commencement  of  his  labors.  He  put  the  province 
under  the  government  of  a  Council  of  Three  and  a  House  of 
Delegates,  chosen  by  the  freemen,  who,  according  to  his  ar- 


134 


HISTORY  OF  THE  STATES. 


rangement,  were  all  ttose  who  acknowledged  the  existence 
of  one  Grod.  He  pursued  such  a  course  with  the  natives  as 
won  their  confidence  and  esteem.  No  Quaker  was  ever  mur- 
dered by  an  Indian  ;  and  to  this  day  the  "  sons  of  Wm. 
Penn"  are  every-where  respected  by  the  savage.  The  treaty 
Penn  made  with  the  Indians  was  never  violated.  In  fram- 
ing the  colonial  government,  he  provided  for  the  largest 
religious  liberty,  allowing  every  one  to  worship  according  to 
the  dictates  of  his  own  conscience.  Up  to  1684,  Delaware,  as 
before  mentioned,  was  included  in  Penn's  grant.  But  about 
this  time  he  procured  a  new  charter,  more  strictly  defining 
the  rights  and  limits  of  Pennsylvania,  and  Delaware  was  de- 
tached. For  seventy  years  prosperity  smiled  upon  this  col- 
ony, during  much  of  which  time  Penn  was,  according  to  the 
historian,  its  governor,  magistrate,  preacher  and  teacher. 
It  was  troubled  with  no  Indian  wars  till  1754,  when  Penn's 
example  and  teachings  began  to  be  forgotten.  The  popula- 
tion, owing  to  a  considerable  influx  from  Sweden,  Germany, 
and  some  other  countries,  began,  at  a  later  date,  to  assume 
a  more  varied  aspect;  and  when  the  colonies  rebelled 
against  the  mother  country,  Pennsylvania  contained  suf- 
ficient "  fighting"  material  to  lend  valuable  assistance  to  the 
cause  of  liberty.  . 

She  adopted  the  Constitution  December  12th,  1787,  since 
which  time  her  increase  in  wealth,  and  advancement  in  gen- 
eral improvement  has  been  almost  without  a  parallel.  Her 
vast  coal  fields  and  rich  iron  mines  constitute  a  source  of 
eternal  wealth.  Upon  the  breaking  out  of  the  rebellion  of 
1861,  her  position  in  favor  of  the  Union  was  well  defined. 
Her  population  is  3j521j951. 

GEORGIA. 

General  James  Oglethorpe,  and  a  company  of  twenty-one 
others,  received,  in  the  year  1732,  from  George  II,  of  Eng- 
land, a  grant  for  all  the  land  between  the  Savannah  and  the 
Altamaha  Rivers.  In  January,  1733,  a  company  of  one 
hundred  and  fourteen  men,  women,  and  children,  arrived  at 
Charleston,  S.  C,  destined  for  Georgia.  They  were  kindly 
treated  by  the  Charlestonians,  and  were  greatly  assisted  by 


HISTORY  OF  THE  STATES. 


135 


them  in  their  labor  of  forming  a  colony.  The  .  first  laws 
made  for  the  province  by  the  twenty-two  grantees,  prohib- 
ited the  importation  of  rum,  trade  with  the  Indians,  and  the 
use  of  negroes.  They  also  provided  that  lands  should  go 
back  to  the  original  owners  in  case  the  purchaser  had  no 
male  heirs.  Although  the  first,  second,  and  third  of  these 
provisions  were  undoubtedly  wholesome,  the  fourth  was 
highly  objectionable,  and  tended  very  much  to  retard  the 
progress  of  the  colony.  In  the  year  17-tO,  General  Ogle- 
thorpe, as  commander-in-chief  of  the  forces  in  Georgia,  at 
the  head  of  two  thousand  men,  invaded  Florida  with  the 
intention  of  forcibly  annexing  it  to  Georgia ;  but  he  was 
soon  repelled  from  the  the  territory,  and  returned  home 
bootless.  The  Spanish,  in  turn,  with  two  sail  of  vessels  and 
three  thousand  men,  invaded  Georgia  in  1742,  and  were 
likewise  forced  to  return  home  thwarted.  The  progress  of 
this  colony  was  for  many  years  very  slow  ;  the  people  man- 
ifesting that  indolence  and  indifference  which  is  still  too  prom- 
inent a  characteristic  of  Georgians.  It  was  mainly  on  the 
side  of  freedom  during  the  revolution. 

It  ratified  the  Constitution  January  9th,  1788.  Since  the 
Revolution,  the  State  has  manifested  but  little  life  as  com- 
pared with  its  sisters,  ahd  its  secession  from  the  Union,  May 
19th,  1861,  was  followed  by  speedy  ruin. 

VERMONT. 

The  territory  of  which  this  State  is  composed  began  to 
be  settled  in  the  year  1731,  but  was  for  some  years  consid- 
ered as  a  part  of  New  Hampshire.  It  was  also  claimed  at 
one  time  by  New  York,  and  a  contest  arose  between  that 
State  and  New  Hampshire,  which  was  adjusted  by  the  King 
of  England  in  a  manner  by  no  means  satisfactory  to  the  set- 
tlers. The  result  was  a  quarrel  between  Vermont  and  the 
Crown,  in  which  the  Green  Mountain  Boys,  led  by  Col. 
Ethan  Allen,  resisted  the  officers  of  justice,  as  well  as  the 
New  York  militia,  who  were  called  out  to  sustain  them. 

The  province  appears  not  to  have  had  even  a  territorial 
government  until  1777,  at  which  time  a  convention  of  del- 
egates met  at  Westminster,  and  declared  themselves  an  in- 


136 


HISTOEY  OF  THE  STATES. 


dependent  State,  under  the  name  of  New  Connecticut.  Pre- 
vious to  this  time,  however,  they  had  rendered  material  aid 
to  the  Revolution.    In  May,  1755,  Gol.  Allen,  at  the  head  of 
two  hundred  and  seventy  men,  reduced  Fort  Ticonderoga 
and  Crown  Point,  and  thus  became  complete  masters  of 
Lake  Champlain.    During  the  whole  period  of  the  Revolu- 
tion the  State  did  good  service  in  the  cause  of  liberty,  al- 
though it  remained  independent.    Some  time  subsequent  to 
its  declaration  of  independence  its  name  was  changed  to 
Vermont.    As  it  was  not  one  of  the  original  States,  it  did 
not  ratify  the  Constitution,  but,  upon  application,  was  ad- 
mitted to  the  Union  during  the  second  session  of  Congress, 
in  the  year  1791 .    It  has  been  a  highly  prosperous  State,  and 
added  much  to  the  luster  of  the  Union  in  its  palmy  days 
of  peace.    It  fully  sustained  its  Revolutionary  reputation  at 
the  commencement  of  the  Rebellion  of  1861.    Its  popula- 
tion is  330,551. 

KENTUCKY 

Was  settled,  in  the  year  1775,  by  Daniel  Boone  and  a  num- 
ber of  associates  from  North  Carolina.  The  trials  and  ad- 
ventures of  these  hardy  pioneers,  and  especially  those  of 
Boone,  constitute  one  of  the  most  romantic  leaves  in  the 
history  of  the  West.  For  over  two  years,  previous  to  1775, 
Boone  was  busily  employed  in  surveying  Kentucky,  build- 
ing roads  and  forts.  One  of  the  latter  he  erected  at  Boons- 
borough  ;  to  which  place  he  removed  his  family,  in  1775. 
Boone  said  that  his  wife  and  daughter  were  the  first  white 
women  who  ever  stood  on  the  banks  of  the  Kentucky  River. 
For  a  number  of  years  after  Boone's  settlement,  he  and  his 
associates  experienced  many  difficulties  with  the  natives — 
Boone's  daughter  being  at  one  time  captured  by  the  Indi- 
ans, though  shortly  afterward  reseued  by  her  father.  But, 
notwithstaoding  the  difficulties  with  the  savages,  the  young 
territory  grew  rapidly  in  population  and  wealth,  and  on  June 
1st,  1792,  was  admitted  to  the  Union.  Having  a  fertile  soil, 
and  alfording  excellent  pasturage,  she  has  far  outstripped 
most  of  her  slave-holding  sisters  in  general  improvement. 

Her  position  for  some  time  after  the  commencement  of 
the  Rebellion  was  by  m  means  promotive  of  her  prosperity. 


HISTORY  OF  THE  STATES. 


137 


Owing  to  lier  attempt  to  observe  strict  neutrality  slie  be- 
came the  scene  of  many  guerrilla  outrages  and  suffered  per- 
haps, more  than  any  other  State  during  the  struggle. 
Her  population  is  1,321,011. 


TENNESSEE. 

Was,  for  some  time,  a  part  of  North  Carolina.  It  was  made 
a  territorial  government  in  the  year  1790,  and  was  admitted 
into  the  Union  in  1796.  The  first  permanent  white  inhab- 
itants of  Tennessee  went  there,  in  the  year  1775,  and  built 
Fort  Louden,  now  in  Blount  County.  They  were,  in  1760, 
attacked  by  the  savages,  and  two  hundred  persons  mere  mas- 
sacred. But,  in  1767,  the  natives  were  reduced  to  submis- 
sion by  Colonel  G-rant,  and  a  treaty  was  made  with  them, 
which  encouraged  emigration.  Settlements  were  formed  on 
Holston  River  in  1765,  which,  although  frequently  attacked 
by  the  Indians,  made  very  fair  progress.  Colonel  John  Se- 
vier, with  the  Tennessee  militia  and  a  few  Virginia  soldiers, 
gained  a  decisive  victory  over  the  savages,  and,  from  this 
time  forward,  though  more  or  less  harassed  by  the  Indians, 
the  progress  of  the  State,  in  population  and  improvement, 
was  rapid.  North  Carolina  gave  up  the  Territory  in  1789, 
and,  in  1790,  Congress  recognized  it  as  a  separate  province. 
It  has  great  extent  of  territory,  and,  up  to  1861,  was  con- 
sidered as  amoDg  the  greatest  of  the  agricultural  States.  At 
this  time,  however,  it  was  seduced  by  the  voice  of  the  siren, 
Secession,  and  on  the  24th  of  June,  1861,  formally  seceded 
from  the  Union.  It  should  be  stated,  however,  in  justice  to 
the.  State,  that  the  eastern  portion  of  it  was  generally  loyal, 
and  was  only  dragged  out  of  the  Union  by  force. 


OHIO. 

Ohio  was  admitted  to  the  Union  on  the  29th  of  Novem- 
ber, 1802,  the  State  containing,  at  the  time,  72,000  inhab- 
itants— 2,000  more  than  was  required  in  order  to  its  admis- 
sion.   It  was  settled  in  the  spring  of  1788,  one  year  after 


138 


HISTORY  OF  THE  STATES. 


it,  with  a  vast  additional  extent  of  North-western  territory 
had  been  ceded,  by  Virginia,  to  the  United  States. 

The  year  1788  was  a  famous  year  for  emigration.  It  wit- 
nessed the  passage  of  no  less  than  20,000  persons  down  the 
Ohio  River.  The  company  which  settled  Ohio  consisted  of 
forty  persons,  under  General  Rufus  Putnam.  They  built  a 
stockade  fort  at  Marietta,  of  sufficient  strength  to  resist  the 
attacks  of  the  natives,  cleared  several  acres  of  ground,  and 
planted  a  crop.  They  were  joined  by  twenty  additional 
families  in  the  autumn.  Both  these  companies  were  New 
England  people. 

For  a  number  of  years  they  were  not  troubled  by  the 
savages,  nor  did  any  of  their  number  trouble  the  Indians, 
except  in  one  or  two  instances.  The  earliest  settlers  of 
Cincinnati  arrived  there,  about  twenty  in  number  in  1790. 
Until  the  year  1795,  the  attempts  made  to  settle  most  parts 
of  Ohio  were  attended  with  great  difficulties,  on  account 
of  Indian  wars.  Marietta,  however,  formed  an  exception  to 
this  rule.  After  the  great  victory  which  G-eneral  Wayne 
achieved  over  the  savages  during  Washington's  administra- 
tion, the  population  increased  rapidly.  Unembarrassed  by 
any  centralizing  or  aristocratic  institutions,  possessed  of  the 
finest  natural  resources,  and  vitalized  by  an  enterprising  pop- 
ulation, Ohio,  after  its  admission  into  the  Union,  made  an 
advancement  of  which  any  State  might  well  be  proud.  In 
population  it  is  the  third  State  in  the  Union,  numbering 
2,665,260. 

At  the  breaking  out  of  the  Rebellion,  Ohio  took  its  po- 
sition staunchly  for  the  Union,  and  did  much  during  the 
war  for  the  restoration  of  the  authority  of  the  Government 
over  the  seceded  States. 

LOUISIANA. 

Was  ceded  by  Spain  to  France  in  the  year  1802,  and  was 
bought  by  the  United  States  of  the  latter  power,  in  1803, 
at  a  cost  of  $15,000,000.  Governor  Clayborne  took  posses- 
sion of  it  the  same  year.  It  was  settled  by  the  French,  at 
Iberville,  in  1699,  and  was  admitted  into  the  Union  April 
8th,  1812.     It  is  an  important  State,  in  that  it  holds  the 


HISTORY  OF  THE  STATES. 


139 


keys  of  entrance  to  the  moufh  of  the  Mississippi.  In  the 
year  1860,  nearly  one-half  of  its  population  was  slave.  It 
seceded  from  the  Union  on  the  26th  of  January,  1861.  Its 
present  population  is  726,915. 


INDIANA. 

About  the  year  1690,  a  French  settlement,  the  first  in 
Indiana,  was  made  at  Vincennes,  that  place  being  within 
the  territory  claimed,  at  that  time,  by  the  French,  upon  pri- 
ority of  discovery  by  La  Salle.  Indiana  was  long  the  resi- 
dence of  various  Indian  tribes,  and  the  theater  of  Indian 
wars.  By  the  terms  of  the  treaty  of  the  peace  of  1763,  it, 
with  the  rest  of  the  North-western  Territory,  was  ceded  to 
Grreat  Britain,  It  was  still  claimed  by  the  Indians,  but,  by 
various  treaties,  extensive  tracts  were  obtained  for  settlement. 
The  Indians,  however,  retained  possession  of  many  parts  of 
the  State  up  to  the  year  1812,  and  to  that  portion  known  as 
the  Indian  Reserve,  even  later.  It  was  erected  into  a  Ter- 
ritory in  1809,  and  on  the  11th  of  December,  1816,  was 
admitted  into  the  Union.  Its  population  —  at  present 
1,680,637  —  is  an  indication  of  its  progress.  In  the  matter 
of  education,  Indiana  is  somewhat  behind  some  of  her  West- 
ern sisters,  but  her  efforts  in  behalf  of  the  Grovernment  dur- 
ing the  great  Rebellion  shall  halo  her  future  with  glory. 

MISSISSIPPI. 

The  territory  comprising  the  present  States  of  Mississippi 
and  Alabama  having  been  divided,  that  portion  lying  next 
the  river  was,  in  1817,  admitted  into  the  Union  as  a  State, 
under  the  name  Mississippi,  while  the  eastern  portion  was 
organized  as  a  Territory,  and  named  Alabama.  The  whole 
of  this  territorry  was  explored,  first  by  Ferdinand  De  Soto, 
and  afterward  by  La  Salle.  It  suffered  greatly  during  the 
wars  of  the  Natchez  Indians.  The  Choctaws,  for  a  long 
time,  retained  possession  of  the  northern  portion  of  it,  and 
were,  to  some  extent,  civilized.  "'Mississippi  was  settled  by 


140 


HISTORY  OF  THE  STATES. 


the  Frencb,  in  1716,  at  Natchez.  Its  population— 827,922 
— shows  fair  progress.  On  the  9th  of  January,  1861,  it 
went  the  way  of  the  seceding  States,  since  which  time,  its 
course,  like  theirs,  has  been  downward. 

ILLINOIS. 

This  most  thriving  and  prosperous  State  came  into  the 
Union  on  the  3d  of  December,  1818.  Until  1809  it  was  a 
part  of  Indiana,  at  which  time  it  became  a  separate  terri- 
tory, and  so  remained  till  received  into  the  Union.  This 
State  has  been  little  disturbed  by  civil  divisions  or  by  In- 
dian wars.  Its  most  serious  troubles  arose  from  the  ap- 
pearance, within  its  borders,  of  the  Mormons,  in  1838,  and 
from  attempts  made  to  curb  their  irregularities.  This  sin- 
gular people,  believing  themselves  to  be  ill-treated,  assembled 
to  the  number  of  700,  under  their  leaders,  in  a  remote  part 
of  the  State,  and  proposed  fighting  for  their  rights.  But  a 
body  of  three  hundred  troops  marched  against  and  captured 
them.  The  whole  sect  was  ultimately  reduced  to  submis- 
sion, and  banished  the  State.  It  was  explored  by  La  Salle, 
and  settled  by  the  French  at  Kaskaskia,*  in  1720.  Its 
growth  has  been  immense.  Its  present  population  is 
2,539,891.  Its  history  is  one  of  the  most  glorious  of  the 
loyal  States  during  the  great  Eebellion. 

ALABAMA 

Was  admitted  to  the  Union  on  the  14th  of  December,  1819. 
It  has  a  deep,  rich  soil,  and  in  many  places  a  healthful  cli- 
mate. It  remained  till  the  Revolution  a  mere  hunting- 
ground  of  the  savages.  From  the  peace  of  1783  to  1802 
it  was  claimed  by  Greorgia,  and  lands  were  sold  to  settlers 
and  speculators  accordingly.  In  the  year  1802,  Greorgia 
ceded  all  her  western  territory  to  the  United  States  for 
$1,250,000.  In  1800,  the  present  State  of  Alabama  be- 
came a  part  of  Mississippi  Territory,  from  which  it  was 


♦Kaskaskia,  the  first  capital  of  Illinois,  is  located  on  Kaskaskla 
River,  and  is  the  present  site  af  Vandalia. 


HISIOET  OF  THE  STATES. 


141 


separated  when  Mississippi  became  a  State.  It  was  set- 
tled, in  1711,  at  Mobile,  by  the  French,  being  a  part  of 
the  territory  explored  by  La  Salle  in  his  Mississippi  tour. 
It  formally  seceded  from  the  Union,  January  11,  1861. 

MAINE. 

In  the  year  1638,  the  same  year  in  which  New  Haven 
was  settled,  Ferdinand  Grorges  procured  a  charter  of  the 
King  of  England  for  all  the  lands  from  the  borders  of 
New  Hampsliire,  on  the  south-west,  to  Sagadahoc,  on  the 
Kennebeck  River,  on  the  north-east,  under  the  name  of 
the  Province  of  Maine.  It  remained  a  separate  province 
till  1652,  when  it  became  a  part  of  Massachusetts.  Vari- 
ous attempts  were  made,  between  1785  and  1802  to  form 
it  into  an  independent  State ;  but  these  efforts  failed.  In 
1819  a  large  majority  of  the  people  were  in  favor  of  sep- 
arating from  Massachusetts.  A  convention  was  called,  a 
Constitution  prepared  and  adopted,  and,  in  1820,  Maine 
was  received  into  the  Union.  It  is,  by  no  means,  an  agri- 
cultural State,  but  its  extensive  fisheries  and  great  lumber 
trade  have  greatly  enriched  it,  and  its  progress  in  morality 
has,  perhaps,  been  superior  to  that  of  any  other  State.  It 
is  the  only  State  in  the  Union  that  has  an  efficient  pro- 
hibitory liquor  law.  It  proved  itself  true  to  the  Grovern- 
ment  in  1861,  and  there  is  no  danger  of  its  ever  ceasing 
to  be  so. 

It  was  settled  in  1625,  at  Bristol,  by  the  English.  Its 
population  is  626,915. 

MISSOURI. 

This  great,  though  crippled,  State  was  admitted  into  the 
Union  on  the  10th  of  August,  1821.  It,  with  all  the  ter- 
ritory then  belonging  to  the  United  States,  west  of  the 
Mississippi,  was  included  in  the  purchase  of  Louisiana, 
made  in  1803.  Louisiana  afterward  was  divided  into  Or- 
leans Territory,  Louisiana  proper,  and  Missouri  Territory. 
In  1819,  Missouri  Territory  was  divided  into  Arkansas,  on 
the  south,  and  Missouri  on  the  north ;  and  it  was  about  this 
time  that  the  latter  took  the  requisite  steps  toward  framing 


142 


HISTORY  OP  THE  STATES. 


a  State  Constitution.  It  will  be  remembered  tbat  this  is 
the  State,  the  discussion  of  the  propriety  of  the  admission 
of  which  raised  such  a  storm  in  Congress  in  1820. 

Being  a  border  slave  State,  it  was  nearly  equally  divided 
on  the  question  of  secession  in  1861,  and  thus,  like  Ken- 
tucky, was  overrun  by  both  Southern  and  Northern  troops 
during  the  Rebellion,  and  was  the  scene  of  much  bloodshed 
and  ruin.  It  was  settled  in  1764,  at  St.  Louis,  by  the 
French.    Its  population  is  1,721,295. 

FLORIDA. 

The  Peninsular  States,  discovered  and  explored  by  Ponce 
de  Leon,  a  voyager  with  Columbus,  and  whose  name  was 
suggested  to  the  discoverer  by  the  abundance  and  beauty 
of  its  wild  flora,  was,  from  1512  to  1819,  with  the  excep- 
tion of  the  interval  between  1763  and  1783,  a  province  of 
Spain.  The  first  attempt  to  settle  it  was  made  in  the  year 
1565,  at  St.  Augustine,  which  is  said  to  be  the  oldest  town 
in  America,  by  the  Spaniards.  This  effort  was  attended 
with  many  difficulties,  the  colonists  contending,  for  the  first 
few  years,  alternately  with  the  horrors  of  savage  warfare 
and  famine,  at  times  being  forced  to  subsist  on  roots  and 
acorns.  In  1819  it  was  transferred  to  the  United  States 
by  treaty,  which  treaty  was,  after  much  delay,  ratified  by 
Spain,  and  with  still  more  delay  by  the  United  States. 
Possession  of  the  colony  was  granted  the  Government  in 
July,  1821.  The  territory  contained,  in  1840,  a  popula- 
tion of  54,477,  and  on  the  3d  of  March,  1845,  became  a 
State,  and  was  received  into  the  Union.  Florida  was  the 
theater  of  the  Seminole  war,  which  cost  the  United  States 
so  much  blood  and  treasure.  It  went  the  way  of  the  se- 
ceding States,  January  7th,  1861.  Florida,  like  the  In- 
dian's gun,  has  "  cost  more  than  she  has  come  to."  Hex 
present  population  is  187,748. 

ARKANSAS. 

This  State  lies  South  of  Missouri,  and  was  once  attached 
to  it.    It  has  a  fine  climate  and  prolific  soil.    The  first  set- 


HISTORY  OF  THE  STATES. 


143 


tlement  of  whites  within  its  limits  was  made  at  Arkansas 
Post,  in  the  year  1685.  The  earlier  inhabitants  were 
French.  Its  progress,  for  many  years,  was  very  slow.  It 
was  not  till  about  the  year  1829  that  the  tide  of  emigra- 
tion began  to  flow  from  the  Atlantic  States  in  that  direc- 
tion. Little  Rock,  the  early  seat  of  government  and  the 
present  capital,  was  laid  out  in  the  year  1820,  during  which 
year  the  first  steamboat  ascended  the  Arkansas  River.  The 
boat  was  eight  days  in  going  from  New  Orleans  to  the  vil- 
lage of  Arkansas — a  distance  of  scarcely  one  hundred  miles 
above  the  mouth  of  the  Arkansas  River.  The  State  once 
contained  the  remnants  of  several  powerful  tribes  of  In- 
dians. By  a  treaty  made  between  the  Cherokees  and  the 
United  States,  the  former  agreed  to  give  up  all  their  lands 
east  of  the  Mississippi  River,  and  to  retire  to  a  region  guar- 
anteed to  them  in  the  present  State  of  Arkansas. 

The  State  was  admitted  into  the  Union  on  the  15th  of 
June,  1836.  It  seceded  May  6th,  1861,  and  became  the 
retreat  of  guerrillas,  and  the  scene  of  some  sanguinary 
battles. 

MICHIGAN. 

Was  admitted  into  the  Union  January  26th,  1837.  It  had 
the  requisite  population  (60,000)  before  this,  but  there  were 
some  difficulties  in  the  way  of  its  admission.  In  1837  it 
contained  200,000;  in  1840,  212,267,  and  in  1850,  851,470. 
The  territory,  when  first  discovered  by  the  whites,  con- 
tained a  tribe  of  Indians  called  Hurons  by  the  French,  and 
Iroquois  by  the  Indians  themselves.  Many  of  them  were 
converted  to  Christianity,  by  the  untiring  labors  of  Cath- 
olic missionaries,  as  early  as  1648.  It  was  not,  however, 
till  1670  that  the  French  took  possession  of  the  territory. 
It  was  a  portion  of  the  extensive  tract  explored  by  the  as- 
siduous, daring  La  Salle.  Its  progress,  while  it  beloEged 
to  the  French,  was  very  slow.  It  was  not  until  1763,  when, 
by  treaty,  it  was  ceded  to  Great  Britain,  that  much  was 
done  in  the  way  of  civilizing  and  improving  it.  Compar- 
atively little,  in  fact,  was  done  until  1783,  when  the  terri- 
tory was  ceded  by  England  to  the  United  States.  Until 
1800  it  was,  for  purposes  of  Grovernment,  considered  a  part 


144 


HISTORY  OP  THE  STATES. 


of  the  Great  North-western  Territory.  After  Ohio,  Indi- 
ana, and  Illinois  had  been  severally  detached,  the  remain- 
der, in  1805,  became  a  distinct  territory,  the  first  Grovernor 
of  which  was  Greneral  Hull,  by  appointment  of  President 
Jefi"erson.  Michigan  suffered  much  from  the  war  of  1812. 
For  about  two  years  nearly  the  whole  territory  was  the 
theater  of  sanguinary  conflicts.  It  was  exposed  to  the  bar- 
barity of  the  enemy  and  their  Indian  allies.  Since  then, 
however,  its  enterprising  inhabitants  have  brought  it  up  to 
a  degree  of  improvement  which  few  States  of  its  age  can 
boast.  Its  strength  was  offered  the  Government  in  1861, 
and  it  continued  as  well  as  it  began.  Its  present  popula- 
tion is  1,184,059. 

IOWA. 

This  State  derives  its  name  from  the  Indians.  It  was 
included  in  the  Louisiana  purchase.  It  was  first  settled 
at  Dubuque,  by  the  French,  in  the  year  1686.  This  set- 
tlement, however,  does  not  seem  to  have  been  permanent, 
nor  productive  of  any  real  good  to  the  territory.  In  1833 
Burlington  was  settled  by  emigrants  from  the  eastern  States. 
It  formed  a  part  of  Missouri  from  1804  to  1821,  when  it 
was  included  in  Michigan  Territory.  It  subsequently  be- 
longed to  Wisconsin  Territory.  It  was  admitted  into  the 
Union  March  3d,  1845.  It  is  a  highly  prosperous  State, 
having  a  vast  extent  of  rich  soil  and  excellent  pasturage. 
It  was  faithful  to  the  Union;  placed  itself  in  the  front  rank 
at  the  commencement  of  the  Kebellion. 

TEXAS. 

The  territory  of  Texas  was  explored  by  Ponce  de  Leon 
and  La  Salle.  After  Mexico  became  independent  of  Spain, 
a  grant  which  had  been  made  to  Moses  Austin,  a  native  of 
Connecticut,  comprising  a  large  tract  of  this  province,  was 
confirmed  by  the  new  Eepublic  ;  and,  being  transferred  by 
Moses  Austin,  at  his  death,  to  his  son,  Stephen,  was  sub- 
sequently enlarged  by  a  further  grant.  Emigration  from 
the  United  States  was  encouraged,  and  in  1830  nearly  ten 
thousand  Americans  were  settled  in  Texas.   The  prosperity 


HISTORY  OP  THE  STATES. 


145 


of  these  inhabitants  excited  the  jealousy  of  Mexico,  and 
under  the  administration  of  Santa  Anna,  an  unjust,  op- 
pressive policy  was  adopted  toward  Texas.  Kemonstrance 
proving  useless,  the  people  of  the  territory  declared  them- 
selves independent.  The  revolution  began  in  1835,  by  a 
battle  at  Gronzales,  in  which  five  hundred  Texans  defeated 
over  one  thousand  Mexicans.  Other  engagements  followed, 
the  result  of  which  was  the  dispersion  of  the  Mexican  army, 
Santa  Anna  now  redoubled  his  efforts,  and  appearing  in 
March,  1835,  with  a  force  of  eight  thousand  men,  several 
bloody  battles  followed.  On  the  21st  of  April,  having  un- 
der his  immediate  command  one  thousand  and  five  hundred 
men,  he  was  met  by  General  Sam.  Houston,  with-eight  hun- 
dred men,  and  totally  defeated,  on  the  banks  of  the  San 
Jacinto.  Santa  Anna  himself  was  captured  the  next  day 
in  the  woods,  when  he  acknowledged  the  independence  of 
Texas,  though  the  Mexican  Congress  refused  to  ratify  the 
act.  Active  hostilities,  however,  were  now  abandoned,  and 
the  independence  of  Texas  was  acknowledged  by  the  United 
States,  Great  Britain,  and  other  European  countries.  It 
was  in  this  condition  of  things  that  Texas  was  annexed  to 
the  United  States.  On  the  24th  of  December,  1845,  it  was 
admitted  into  the  Union,  which  act  was  ratified  by  the 
Texan  Legislature,  July  4th,  1846.  But  Mexico,  still  re- 
garding Texas  as  a  revolted  province,  refused  to  acknowl- 
edge the  validity  of  this  measure.  The  result  was  a  war 
between  Mexico  and  the  United  States,  which  terminated 
on  the  2d  of  February,  1848,  in  a  treaty  by  which  the 
latter  power,  in  consideration  of  the  payment  of  a  debt  of 
S3, 500, 000,  due  from  Mexico  to  the  citizens  of  Texas,  ac- 
quired New  Mexico,  Texas,  and  California.  The  progress 
of  Texas  from  this  time  till  the  eve  of  the  great  Rebellion, 
was  almost  unprecedented,  no  less  than  twenty-five  thou- 
sand Germans  having  emigrated  to  that  State  in  five  years' 
time.  These,  however,  owing  to  the  jealousy  aroused 
against  them  by  their  having  demonstrated  the  superiority 
of  free  labor,  even  in  a  slave  State,  were  obliged  to  mi- 
grate to  Mexico  in  the  year  1860.  By  this  and  other  op- 
pressive acts  on  the  part  of  the  advocates  of  slavery,  Texas, 
purchased  by  the  blood  and  treasure  of  the  United  States, 
13 


146 


HISTORY  OF  THE  STATES. 


was  driven  into  the  whirlpool  of  secession,  March  4th,^ 
1861.    Its  present  population  is  818,579.    The  first  settle- 
ment within  its  borders  was  made  by  the  Spaniards,  at 
St.  Antonia  de  Bexar,  in  1690. 


WISCONSIN 

Was  admitted  into  the  Union  May  29th,  1848.  It  was  a 
part  of  the  extensive  territory  ceded  by  France  to  G-reat 
Britain  in  the  treaty  of  1763.  At  the  close  of  the  Revolu- 
tion it  was  given  up  by  Great  Britain  to  the  United  States. 
It  was  erected  into  a  territory  in  1836,  the  portion  now  form- 
ing the  State  of  Iowa  being  detached  in  1838.  Its  natural 
resources  are  extraordinary,  the  climate  being  very  health- 
ful, and  the  soil  unsurpassed  in  fertility.  It  was  settled  in 
the'  year  1669,  at  Green  Bay,  by  the  French.  I*  w^^ 
oughly  loyal  to  the  Union.    Its  population  is  1,054,670. 

m 

MINNESOTA 

Lies  north  of  Iowa,  and  extends  to  the  Canadian  bound- 
ary. On  the  north-east  it  touches  Lake  Superior,  and,  to 
the  west,  is  bounded  by  Dakotah  Territory.  It  comprises 
the  head  waters  of  the  Mississippi,  and  abounds  in  rivers 
and  lakes,  teeming  with  fish.  Its  soil  is  highly  prolific, 
and  its  forests  are  among  the  finest  in  the  world.  Its  nanie 
is  derived  from  Minnisotah,  the  Indian  name  of  St.  Peter's 
River.  Primarily  discovered  by  La  Salle,  it,  for  some  years, 
belonged  to  the  French,  and  at  a  very  early  period  was 
traversed  by  their  traders  and  soldiers.  It  was  ceded  to 
Great  Britain  by  the  treaty  of  1763,  and  to  the  United 
States  at  the  peace  of  1783.  It  received  a  territorial  gov- 
ernment in  1849,  and  was  admitted  into  the  Union  in  May, 
1858.  It  has  still,  within  its  borders,  several  bands  of  the 
Chippewas,  with  whom  considerable  trouble  has  been,  experi- 
enced since  the  breaking  out  of  the  rebellion.  It  is,  however, 
a  thrifty,  growing  State,  and  is  thoroughly  loyal.  It  was  set- 
tled in  1846,  at  St.  Paul,  by  emigrants  from  the  eastern 
States. 


HISTORY  OP  THE  STATES. 


147 


OREGON 

Was  admitted  into  the  Union  in  the  year  1859.  It,  prim- 
arily, included  Washington  Territory,  and,  with  the  latter, 
comprised  the  extensive  tract  lying  between  the  British  Pos- 
sessions, on  the  north,  and  California,  on  the  south;  the 
Kocky  Mountains,  on  the  east,  and  the  Pacific  Ocean,  on  the 
west.  The  coasts  of  this  region  were  discovered  by  the  Span- 
iards in  the  16th  century.  In  1792,  Capt.  G-rey,  of  Boston, 
discovered  and  entered  the  Columbia  Biver,  and  thus  the 
United  States  acquired  the  right  of  sovereignty  over  the  ter- 
ritory. The  exploration  of  the  country  from  the  Missouri 
to  the  Columbia,  by  Lewis  and  Clark,  government  appointees, 
in  1804-5-6,  strengthened  this  claim.  The  British,  how- 
ever, laid  claim  to  the  northern  part  of  the  territory,  which 
gave  rise  to  a  threatening  dispute  between  G-reat  Britain 
and  the  United  States.  But  the  difficulty  was  adjusted  by 
a  treaty  in  1846,  establishing  the  boundary  of  49°,  north 
latitude.  The  State  still  contains  the  Flathead,  Pend 
Oreille,  Spokane,  Shoshane,  and  other  tribes  of  Indians, 
who  are,  for  the  most  part,  in  the  savage  state,  though  the 
Christian  missionaries  have  done  much  in  the  way  of  civ- 
ilizing a  portion  of  them.  The  furs  of  this  region,  those  of 
the  badger,  beaver,  bear,  fisher-fox,  lynx,  martin,  mink, 
muskrat,  etc.,  have  long  been  a  great  source  of  revenue. 

The  American  fur  companies  established  trading  posts  in 
Oregon  at  an  early  period,  that  of  Astoria  being  founded  in 
1810,  under  the  auspices  of  the  late  John  Jacob  Astor,  of 
New  York.  It  was  settled,  at  Astoria,  by  emigrants  from 
the  Eastern  States,  in  the  year  1811.  Its  population 
is  90,923. 


KANSAS. 

About  the  development  of  this  young  State  cluster  some 
of  the  most  important  events  of  American  history.  Its  ter- 
ritorial organization,  by  the  passage  of  the  Kansas-Nebraska 
Bill,  in  1854,  re-opened  the  agitation  of  the  slavery  ques- 
tion, which  seeming  to  have  acquired  fresh  vigor  and  viru- 
lence from  the  sleep  it  had  enjoyed  under  the  Missouri  Com- 


148 


HISTORY  OP  THE  STATES. 


promise  thorougWy  aroused  the  old  animosities  hetween  the 
pro  and  antislavery  elements  of  our  national  politics. 
From  1854  to  1857  it  was  the  theater  of  political  tragedies, 
the  bare  mention  of  which  may  well  put  the  blush  of  shame 
uiDon  even  the  most  fool-hardy  partisan ;  and  the  historian 
l/as  well  said  that  these  dire  afflictions  might  have  been  ex- 
pected when  the  bill  organizing  Kansas  Territory  was  passed. 
No  sooner  was  it  decided  that  this  territory  was  open  alike 
to  the  abolitionist  and  the  slave-holder,  than  the  Emigrant 
Aid  Societies  of  New  England  and  the  pro-slavery  organ- 
izations of  the  South  began  pouring  streams  of  settlers  into  it 
of  opposite  political  views,  entertaining  the  most  hostile  teel- 
ino-s,  each  party  toward  the  other ;  and,  as  the  legitimate  result, 
eame  a  civil  war,  which  lasted  about  two  years,  and  which, 
in  some  of  its  incidents  would  have  shamed  even  savages. 

The  Territory  made  application  to  Congress,  in  l^jy^  • 
a  place  in  the  Union,  but  the  Constitution  under  which  it 
asked  admission  (the  one  framed  at  Lecompton)  was  known 
to  be  a  fraudulent  affair,  and  hence  Kansas  was  rejected. 
The  discussion  of  this  Constitution  caused  a  permanent  di- 
vision of  the  Democratic  party.  The  Constitution  was  re- 
jected by  the  people  of  Kansas  by  a  majority  of  10,000. 
Kansas  was,  however  received  into  the  Union,  m  ISbl,  under 
a  free  State  Constitution,  formed  at  Topeka. 


CALIFORNIA 


Was  admitted  into  the  Union  on  the  7th  of  September,  1850. 
The  alarming  discussion  which  occured  upon  the  question 
of  admission  was  what  gave  rise  to  the  compromise  measures 
of  1850  popularly  styled  the  Omnibus  Bill  The  measures 
are  presented  in  detail  in  another  part  of  this  work. 

General  Fremont,  with  a  small  but  dauntless  band  of  ran- 
<.ers,  conquered  California  in  1846,  having  defeated,  on  fre- 
Suent  occasions,  vastly  superior  forces  of  Mexicans.  Its 
Resources  as  a  farming  country  early  attracted  attention. 
But  when,  in  February,  1848,  it  was  published  that  gold  m 
quantities  had  been  found  on  a  branch  of  the  Sa<?ramento, 
the  swarm  of  emigrants  which  rushed  in,  comprising  rep- 
resentatives from  every  State  in  the  Union,  and  from  nearly 


HISTORY  OF  THE  STATES. 


149 


all  the  nations  of  Europe,  was  almost  incalculable.  From 
a  small  village,  San  Francisco  was  rapidly  inflated  to  a  large 
city.  In  many  places  towns  sprang  up  like  mushrooms. 
Owing  to  the  fact  that  its  population  had  been  thrown  has- 
tily together,  from  so  many  places,  and  in  consequence  of 
the  want  of  a  government,  California  was,  for  some  time,  the 
scene  of  many  dark  crimes  and  hideous  outrages.  Never 
was  the  want  of  wholesome  legal  restraint  more  keenly  felt 
than  here.  The  Constitution  of  California  was  framed  by 
a  convention  of  delegates  in  1849.  It  took  a  firm  stand 
for  the  Union  in  1861.  The  first  settlement,  within  its 
limits,  was  made  at  San  Diego,  by  the  Spanish,  in  1764. 
It  furnishes  annually  to  the  Grovernment,  seventy  to  eighty 
millions  of  dollars  in  gold. 

WEST  VIRGINIA. 

On  Virginia's  passing  the  ordinance  of  secession,  mass 
meetings  were  immediately  held  in  West  Virginia,  to  take 
into  consideration  the  best  means  of  preserving  their  alle- 
giance to  the  United  States.  A  convention  of  nearly  five 
hundred  delegates  assembled  there  early  in  May,  1861. 
which  declared  the  ordinance  of  secession  to  be  null  and 
void,  and  elected  delegates  to  a  general  convention,  to  meet  at 
Wheeling,  to  devise  such  measures  as  the  welfare  of  the  peo- 
ple might  demand.  On  the  20th  of  August,  1861,  the  con- 
vention passed  an  ordinance  to  provide  for  the  formation  of  a 
new  State  out  of  a  portion  of  the  territory  of  Virginia.  In 
compliance  with  its  provisions,  delegates  were  elected  to  a 
constitutional  convention,  which  assembled  at  Wheeling,  No- 
vember 26,  1861,  which  proceeded  to  draft  a  Constitution, 
which  was  submitted  to  the  people  on  the  first  Thursday  of 
April,  1862.  The  vote  in  favor  was  18,862;  that  against 
514.  On  the  31st  of  December,  1862,  Congress  passed  an 
act  admitting  West  Virginia  into  the  Union  on  an  equal 
footing  with  the  original  States,  in  all  respects  whatever, 
allowing  them  three  members  in  the  House  of  Representa- 
tives of  the  United  States.  On  the  1st  of  November,  1862, 
the  State  had  furnished  to  the  Federal  Army  nearly  20,000 
men. 


150 


HISTORY  OP  THE  STATES. 


NEVADA.  ' 

Tliis  Territory  having  formed  a  State  Constitution,  under  an 
enabling  act  previously  passed  by  Congress,  was  admitted  as  a 
member  of  the  Federal  Union,  on  an  equal  footing  with  the 
original  States.  The  State  convention  was  held  at  so  late  a 
period  of  the  year,  that  it  was  necessary  to  telegraph  the 
Constitution  to  Washington,  in  order  that  it  might  be  re- 
ceived there  in  time  to  secure  the  admission  of  the  State 
previous  to  the  Presidential  election.  Immediately  upon  its 
reception,  President  Lincoln  issued  a  proclamation,  dated 
October  31st,  A.  D.  1864,  in  which  he  "  declared  and  pro- 
claimed that  the  said  State  of  Nevada  is  admitted  into  the 
Union,  on  an  equal  footing  with  the  original  States,"  etc. 
The  vote  of  the  State  at  the  Presidential  election,  in  1864, 
was  16,420 — of  which  Mr.  Lincoln  received  9,826,  and  Gen- 
eral McClellan  6,594.  Majority  for  Mr.  Lincoln,  3,232.  This 
new  State  is  probably  the  richest  in  the  Union  in  respect 
to  mineral  resources.  No  region  in  the  world  is  richer  in 
argentiferous  leads.  Her  silver  mines  are  her  great  source  of 
wealth.  The  Washoe  region  maintains  the  preeminence  in 
these  mineral  resources. 

NEBRASKA. 

Nebraska  was  organized  into  a  Territory  in  1850.  The 
first  settlers  were  Americans.  In  the  last  few  years  it  has 
increased  in  wealth  and  population  more  rapidly  than  any 
of  the  adjoining  States  or  Territories,  Probably  the  chief 
cause  of  this  has  been  occasioned  by  the  Pacific  Railroad 
passing  directly  through  the  State  from  east  to  west.  It  is 
impossible,  at  the  present  time,  to  estimate  the  advantage  it 
will  be  to  the  State  in  developing  its  resources.  The  value 
of  its  minerals  in  the  western  portion  of  the  State  is  incal- 
culable. It  has  fair  prospects  of  becoming  one  of  the  rich- 
est mineral  and  agricultural  States  in  the  Union.  Omaha, 
the  capital,  is  a  city  of  considerable  commercial  importance, 
being  located  at  the  junction  of  the  Missouri  River  and  the 
Pacific  Railroad.  In  1866,  the  Territory  applied  for  ad- 
mission into  the  Union,  but,  on  account  of  the  word  "  white  " 
being  used  in  its  Constitution,  it  was  rejected.  The  word 
was  then  stricken  out,  after  which  it  was  admitted,  February, 
1867 — the  bill  for  admission  having  been  passed  over  the 
President's  veto. 


mSTOEY  OF  THE  STATES. 


151 


COLORADO. 

Colorado  was  organized  as  a  Temtorv  Marcli  2,  1861, 
from  parts  of  Kansas,  Xebraska,  and  Utah. 

March  3,  1875,  it  was  admitted  into  the  Union-  of 
States  —  the  thirty-eighth. 

It  is  situated  on  each  side  of  the  Eochy  Mountains, 
and  has  an  area  of  106,475  square  miles.  It  is  a  superior 
gi*azing  and  cattle  producing  region,  with  a  healthy  climate 
and  rich  soil.  An  extensive  coal-bed,  and  also  gold,  iron, 
and  other  minerals  abound.  Its  population  is  rapidly 
increasing.  Several  growing  towns  serve  as  centers  of 
supply  and  trade,  and  offer  fine  facilities  for  schools  and 
chui'ches.  The  "  Colorado  Springs,"  near  Denver,  are 
much  resorted  to,  especially  by  asthmatics.  The  scenery 
at  Pike's  Peak  and  many  of  the  canyons  is  sublimely 
grand  and  beautiful. 


f 


PROPOSED  CRITTENDEN  COMPROMISE. 


At  the  commencement  of  the  Congressional  session  of 
1860,  the  portentous  clouds  of  civil  war,  gathering  and 
blackening  in  the  southern  horizon  of  our  national  sky,  filled 
the  hearts  of  the  stoutest  patriots  with  the  most  gloomy  ap- 
prehensions, and  cast  a  melancholy  shadow  over  every  Union- 
loving  soul  throughout  the  country,  somewhat  akin  to  that 
which  hovers  over  an  affectionate  son  or  daughter,  upon 
the  approaching  dissolution  of  a  cherished,  devoted  mother. 
The  following  compromise,  offered  by  Senator  Crittenden, 
December  19,  1860,  is  one  of  the  many  measures  proposed 
in  Congress  for  adjusting  the  difficulties  of  that  period: 

Resolved^  By  the  Seriate  and  House  of  Representatives^ 
That  the  following  articles  be  proposed  and  submitted  as  an 
amendment  to  the  Constitution,  which  shall  be  valid  as  a 
part  of  the  Constitution,  when  ratified  by  the  conventions 
of  three-fourths  of  the  people  of  the  States : 

1st.  In  all  the  territory  now  or  hereafter  acquired,  north 
of  36°  30',  slavery,  or  involuntary  servitude,  except  for  the 
punishment  of  crime,  is  prohibited ;  while  in  all  the  terri- 
tory south  of  that,  slavery  is  hereby  recognized  as  existing, 
and  shall  not  be  interfered  with  by  Congress,  but  shall  be 
protected  as  property  by  all  the  departments  of  the  terri- 
torial government  during  its  continuance.  All  the  territory 
north  or  south  of  said  line,  within  such  boundaries  as  Con- 
gress may  prescribe,  when  it  contains  a  population  neces- 
sary for  a  member  of  Congress,  with  a  Republican  form  of 
government,  shall  be  admitted  into  the  Union  on  an  equality 
with  the  original  States,  with  or  without  slavery,  as  the 
Constitution  of  the  State  shall  prescribe. 

2d.  Congress  shall  have  no  power  to  abolish  slavery  in 
the  State  permitting  it. 

3d.  Congress  shall  have  no  power  to  abolish  slavery  in 
the  District  of  Columbia  while  it  exists  in  Virginia  and 
152 


PROPOSED  CRITTENDEN  COMPROMISE.  153 


Maryland,  or  either;  nor  shall  Congress  at  any  time  pro- 
hibit the  officers  of  Groyernment,  or  members  of  Congress, 
whose  duties  require  them  to  live  in  the  District  of  Colum- 
bia, bringing  slaves  there  and  using  them  as  such. 

4th.  Congress  shall  have  no  power  to  hinder  the  trans- 
portation of  slaves  from  one  State  to  another,  whether  by 
land,  navigable  river,  or  sea. 

5th.  Congress  shall  have  the  power,  by  law,  to  pay  any 
owner  the  full  value  of  any  fugitive  slave,  in  all  cases  where 
the  marshal  is  prevented  from  discharging  his  duty  by  force 
or  rescue,  made  after  arrest.  In  all  such  cases  the  owner 
shall  have  the  power  to  sue  the  county  in  which  the  rescue 
or  violence  was  made ;  and  the  county  shall  have  the  right 
to  sue  the  individuals  who  committed  the  wrong,  in  the  same 
manner  as  the  owner  would  sue. 

6th.  No  future  amendment  or  amendments  shall  affect 
the  preceding  article ;  and  Congress  shall  never  have  power 
to  interfere  with  slavery  within  the  States  where  it  is  per- 
mitted. 


LINCOLN'S  EMANCIPATION  PROCLA- 
MATION. 


WTiereas,  On  the  twenty-second  day  of  September,  in  the 
year  of  our  Lord,  one  thousand  eight  hundred  and  sixty- 
two,  a  proclamation  was  issued  by  the  President  of  the 
United  States,  containing  among  other  things  the  following, 
to  wit : 

That,  on  the  first  day  of  January,  in  the  year  of  our 
Lord,  one  thousand  eight  hundred  and  sixty-three,  all  per- 
sons held  as  slaves  within  any  State,  or  designated  part  of 
a  State,  the  people  whereof  shall  then  be  in  rebellion  against 
the  United  States,  shall  be  then,  thenceforth  and  forever 
free,  and  the  Executive  Government  of  the  United  States, 
including  the  military  and  naval  authorities  thereof,  will  rec- 
ognize and  maintain  the  freedom  of  such  persons,  or  any  of 
them,  in  any  efforts  they  may  make  for  their  actual  freedom. 

That  the  Executive  will,  on  the  first  day  of  January 
aforesaid,  by  proclamation,  designate  the  States  and  parts 
of  States,  if  any,  in  which  the  people  therein  respectively 
shall  then  be  in  rebellion  against  the  United  States,  and 
the  fact  that  any  State,  or  the  people  thereof,  shall  on  that 
day  be  in  good  faith  represented  in  the  Congress  of  the 
United  States  by  members  chosen  thereto,  at  elections 
wherein  a  majority  of  the  qualified  voters  of  such  States 
shall  have  participated,  shall,  in  the  absence  of  strong  coun- 
tervailing testimony,  he  deemed  conclusive  evidence  that 
such  State  and  the  people  thereof  are  not  then  in  rebellion 
against  the  United  States. 

Now,  therefore,  I,  Abraham  Lincoln,  President  of  the 
United  States,  by  virtue  of  the  power  in  me  vested  as  Com- 
mander-in-Chief of  the  Army  and  Navy  of  the  United 
States,  in  time  of  actual  armed  rebellion  against  the  au- 
thority and  Government  of  the  United  States,  and  as  a  fit 
154 


EMANCIPATION  PROCLAMATION. 


155 


necessary  war  measure  for  suppressing  said  rebellion,  do, 
on  this  first  day  of  January,  in  the  year  of  our  Lord,  one 
thousand  eight  hundred  and  sixty-three,  and  in  accordance 
with  my  purpose  so  to  do,  publicly  proclaimed  for  the  full 
period  of  one  hundred  days  from  the  day  of  the  first  above- 
mentioned  order,  and  designate,  as  the  States  and  parts  of 
States  wherein  the  people  thereof  respectively  are  this  day 
in  rebellion  against  the  United  States,  the  following,  to 
wit:  Arkansas,  Texas,  Louisiana,  except  the  parishes  of 
St.  Bernard,  Plaquemines,  Jefi'erson,  St.  John,  St.  Charles, 
St.  James,  Ascension,  Assumption,  Terre  Bonne,  Lafourche, 
St.  Mary,  St.  Martin  and  Orleans,  including  the  city  of  New 
Orleans.  Mississippi,  Alabama,  Florida,  Greorgia,  South 
Carolina,  North  Carolina,  and  Virginia,  except  the  forty- 
eight  counties  designated  as  West  Virginia,  and  also  the 
counties  of  Berkeley,  Accomac,  Northampton,  Elizabeth 
City,  York,  Princess  Ann,  and  Norfolk,  including  the  cities 
of  Norfolk  and  Portsmouth,  and  ^hich  excepted  parts  are, 
for  the  present,  left  precisely  as  if  this  proclamation  were 
not  issued. 

And  by  virtue  of  the  power,  and  for  the  purpose  afore- 
said, I  do  order  and  declare  that  all  persons  held  as  slaves 
within  said  designated  States  and  parts  of  States  are,  and 
henceforward,  shall  be  free ;  and  that  the  Executive  Grov- 
ernment  of  the  United  States,  including  the  military  and 
naval  authorities  thereof,  will  recognize  and  maintain  the 
freedom  of  said  persons. 

And  I  hereby  enjoin  upon  the  people  so  declared  to  be 
free  to  abstain  from  all  violence,  unless  in  necessary  self- 
defense;  and  I  recommend  to  them  that,  in  all  cases,  when 
allowed,  they  labor  faithfully  for  reasonable  wages. 

And  I  further  declare  and  make  known  that  such  per- 
sons of  suitable  condition  will  be  received  into  the  armed 
service  of  the  United  States,  to  garrison  forts,  positions, 
stations,  and  other  places,  and  to  man  vessels  of  all  sorts 
in  said  service. 

^  And  upon  this,  sincerely  believed  to  be  an  act  of  jus- 
tice, warranted  by  the  Constitution  upon  military  necessity, 
I  invoke  the  considerate  judgment  of  mankind  and  the  gra- 
cious favor  of  Almighty  Grod. 


156 


EMANCIPATION  PROCLAMATION. 


In  witness  whereof  I  have  hereunto  set  my  hand  and 
caused  the  seal  of  the  United  States  to  be  affixed. 

Done  at  the  City  of  Washington,  this  first  day  of  Jan- 
uary, in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  sixty-three,  and  of  the  In- 
dependence of  the  United  States  of  America 
the  eighty-seventh. 
By  the  President:  Abraham  Lincoln. 

William  H.  Seward,  Secretary  of  State. 

LETTER  from  THE  PRESIDENT  EXPLAINING  THE 
EMANCIPATION  PROCLAMATION. 

The  following  letter,  written  in  August,  1863,  in  answer 
to  an  invitation  to  attend  a  meeting  of  unconditional  Union 
men  held  in  Illinois,  gives  at  length  the  President's  views 
at  that  time  on  his  Emancipation  Proclamation : 

Executive  Mansion,  Washington,  August  26tli,  1863. 
My  Dear  Sir:  Your  letter  inviting  me  to  attend  a 
mass-meeting  of  unconditional  Union  men,  to  be  held  at 
the  capitol  of  Illinois  on  the  third  day  of  September,  has 
been  received.  It  would  be  very  agreeable  to  me  to  thus 
meet  my  old  friends  at  my  own  home,  but  I  can  not  just 
now  be  absent  from  this  city  so  long  as  a  visit  there  would 
require.  The  meeting  is  to  be  of  all  those  who  maintain 
unconditional  devotion  to  the  Union;  and  I  am  sure  my 
old  political  friends  will  thank  me  for  tendering,  as  I  do, 
the  nation's  gratitude  to  those  other  noble  men  whom  no 
partisan  malice  or  partisan  hope  can  make  false  to  the  na- 
tion's life.  There  are  those  who  are  dissatisfied  with  me. 
To  such  I  would  say,  You  desire  peace,  and  you  blame 
me  that  you  do  not  have  it.  But  how  can  we  attain  it? 
There  are  but  three  conceivable  ways :  First,  to  suppress 
the  rebellion  by  force  of  arms.  This  I  am  trying  to  do. 
Are  you  for  it  ?  If  you  are,  so  far  we  are  agreed.  If  you 
are  not  for  it,  a  second  way  is  to  give  up  the  Union.  I 
am  against  this.  If  you  are,  you  should  say  so,  plainly. 
If  you  are  not  for  force,  nor  yet  for  dissolution,  there  only 
remains  some  imaginable  compromise.     I  do  not  believe 


EMANCIPATION  PROCLAMATION. 


157 


thmt  any  compromise,  embracing  tlie  maintenance  of  the 
Union,  is  now  possible.  All  that  I  learn  leads  to  a  di- 
rectly opposite  belief.  The  strength  of  the  rebellion  is 
its  military — its  army.  The  army  dominates  all  the  coun- 
try and  air  the  people  within  its  range.  Any  offer  of  any 
terms  made  by  any  man  or  men  within  that  range,  in  op- 
position to  that  army,  is  simply  nothing  for  the  present, 
because  such  man  or  men  have  no  power  whatever  to  en- 
force their  side  of  a  compromise,  if  one  were  made  with 
them.  To  illustrate  :  Suppose  refugees  from  the  South 
and  peace  men  of  the  North  get  together  in  convention, 
and  frame  and  proclaim  a  compromise  embracing  a  restor- 
ation of  the  Union ;  in  what  way  can  that  compromise  be 
used  to  keep  General  Lee's  army  out  of  Pennsylvania? 
General  Meade's  army  can  keep  Lee's  army  out  of  Penn- 
sylvania, and,  I  think,  can  ultimately  drive  it  out  of  ex- 
istence. But  no  paper  compromise,  to  which  the  controll- 
ers of  Lee's  army  are  not  agreed,  can  at  all  affect  that 
army.  In  an  effort  at  such  compromise  we  would  waste 
time,  which  the  enemy  would  improve  to  our  disadvantage, 
and  that  would  be  all.  A  compromise,  to  be  effective, 
must  be  made  either  with  tbose  who  control  the  rebel 
army,  or  with  the  people,  first  liberated  from  the  domi- 
nation of  that  army  by  the  success  of  our  army.  Now, 
allow  me  to  assure  you  that  no  word  or  intimation  from 
the  rebel  army,  or  from  any  of  the  men  controlling  it,  in 
relation  to  any  peace  compromise,  has  ever  come  to  my 
knowledge  or  belief.  All  charges  and  intimations  to  the 
contrary  are  deceptive  and  groundless.  And  I  promise 
you  that  if  any  such  proposition  shall  hereafter  come,  it 
shall  not  be  rejected  and  kept  secret  from  you.  I  freely 
acknowledge  myself  to  be  the  servant  of  the  people,  ac- 
cording to  the  bond  of  service,  the  United  States  Consti- 
tution, and  that,  as  such,  I  am  responsible  to  them.  But, 
to  be  plain:  You  are  dissatisfied  with  me  about  the  negro. 
Quite  likely  there  is  a  difference  of  opinion  between  you 
and  myself  upon  that  subject.  I  certainly  wish  that  all 
men  could  be  free,  while  you,  I  suppose,  do  not.  Yet  I 
have  neither  adopted  nor  proposed  any  measure  which  is 
not  consistent  with  even  your  view,  provided  you  are  for 


158 


EMANCIPATION  PROCLAMATION. 


the  Union.  I  suggested  compensated  emancipation ;  to 
whicli  you  replied  that  you  wished  not  to  be  taxed  to  buy 
negroes.  But  I  have  not  asked  you  to  be  taxed  to  buy 
negroes,  except  in  such  way  as  to  save  you  from  greater 
taxation,  to  save  the  Union  exclusively  by  othet  means. 

You  dislike  the  Emancipation  Proclamation,  and  perhaps 
would  have  it  retracted.  You  say  it  is  unconstitutional. 
I  think  differently  :  I  think  that  the  Constitution  invests 
the  Commander-in-Chief  with  the  law  of  war  in  time  of 
war.  The  most  that  can  be  said,  if  so  much,  is,  that  the 
slaves  are  property.  Is  there — has  there  ever  been — any 
question  that,  by  the  law  of  war,  property,  both  of  ene- 
mies and  friends,  may  be  taken  when  needed?  -And  is  it 
not  needed  whenever  taking  it  helps  us,  or  hurts  the  en- 
emy? Armies,  the  world  over,  destroy  enemies'  property 
when  they  can  not  use  it ;  and  even  destroy  their  own  to 
keep  it  from  the  enemy.  Civilized  belligerents  do  all  in 
their  power  to  help  themselves  or  hurt  the  enemy,  except 
a  few  things  regarded  as  barbarous  or  cruel.  Among  the 
exceptions  are  the  massacre  of  vanquished  foes  and  non- 
combatants,  male  and  female.  But  the  proclamation,  as 
law,  is  valid,  or  is  not  valid.  If  it  is  not  valid,  it  needs 
no  retraction;  if  it  is  valid,  it  can  not  be  retracted,  any 
more  than  the  dead  can  be  brought  to  life.  Some  of  you 
profess  to  think  that  its  retraction  would  operate  favorably 
for  the  Union.  Why  better  after  the  retraction  than  be- 
fore the  issue?  There  was  more  than  a  year  and  a  half 
of  trial  to  suppress  the  rebellion  before  the  proclamation 
was  issued,  the  last  one  hundred  days  of  which  passed 
under  an  explicit  notice  that  it  was  coming,  unless  averted 
by  those  in  revolt  returning  to  their  allegiance.  The  war 
has  certainly  progressed  as  favorably  for  us  since  the  issue 
of  the  proclamation  as  before.  I  know  as  fully  as  one  can 
know  the  opinion  of  others,  that  some  of  the  commanders 
of  our  armies  in  the  field,  who  have  given  us  our  most 
important  victories,  believe  the  emancipation'  policy  and 
the  aid  of  colored  troops  to  be  the  heaviest  blows  yet  dealt 
to  the  rebellion,  and  that  at  least  one  of  these  important 
successes  could  not  have  been  achieved  when  it  was  but 
for  the  aid  of  black  soldiers.     Among  the  commanders 


EMANCIPATION  PROCLAMATION. 


159 


holding  these  views  are  some  who  have  never  had  any 
ajQ&nity  with  what  is  called  abolitionism  or  with  "  Kepub- 
lican  party  politics,"  but  who  hold  them  purely  as  mili- 
tary opinions.  I  submit  their  opinions  as  being  entitled 
to  some  weight  against  the  objections  often  urged,  that 
emancipation  and  arming  the  blacks  are  unwise  as  military 
measures,  and  were  not  adopted  as  such  in  good  faith. 
You  say  that  you  will  not  fight  to  free  negroes.  Some 
of  them  seem  to  be  willing  to  fight  for  you — but  no  mat- 
ter. Fight  yuu,  then,  exclusively,  to  save  the  Union.  I 
issued  the  proclamation  on  purpose  to  aid  you  in  saving 
the  Union.  Whenever  you  shall  have  conquered  all  re- 
sistance to  the  Union,  if  I  shall  urge  you  to  continue  fight- 
ing, it  will  be  an  apt  time  then  for  you  to  declare  that  you 
will  not  fight  to  free  negroes.  I  thought  that,  in  your 
struggle  for  the  Union,  to  whatever  extent  the  negroes 
should  cease  helping  the  enemy,  to  that  extent  it  weak- 
ened the  enemy  in  his  resistance  to  you.  Do  you  think 
differently?  I  thought  that  whatever  negroes  can  be  got 
to  do  as  soldiers,  leaves  just  so  much  less  for  white  sol- 
diers to  do  in  saving  the  Union.  Does  it  appear  other- 
wise to  you?  But  negroes,  like  other  people,  act  upon 
motives.  Why  should  they  do  any  thing  for  us  if  we  will 
not  do  any  thing  for  them?  If  they  stake  their  lives  for 
us,  they  must  be  prompted  by  the  strongest  motive,  even 
the  promise  of  freedom.  And,  the  promise  being  made, 
must  be  kept.  The  signs  look  better.  The  Father  of 
Waters  again  goes  un vexed  to  the  sea.  Thanks  to  the 
great  North-west  for  it.  Not  yet  wholly  to  them.  Three 
hundred  miles  up  they  met  New  England,  Empire,  Key- 
stone, and  Jersey,  hewing  their  way  right  and  left.  The 
Sunny  South,  too,  in  more  colors  than  one,  also  lent  a 
hand.  On  the  spot,  their  part  of  the  history  was  jotted 
down  in  black  and  white.  The  job  was  a  great  national 
one,  and  let  none  be  blamed  who  bore  an  honorable  part 
in  it;  and,  while  those  who  have  cleared  the  great  river 
may  well  be  proud,  even  that  is  not  all.  It  is  hard  to  say 
that  any  thing  has  been  more  bravely  or  better  done  than 
at  Antietam,  Murfreesboro',  G-ettysburg,  and  on  many  fields 
of  less  note.    Nor  must  Uncle  Sam's  web-fleet  be  forgot- 


160 


EMANCIPATION  PROCLAMATION. 


ten.  At  all  the  waters'  margins  they  have  been  present — - 
not  only  on  the  deep  sea,  the  broad  bay,  and  the  rapid  river, 
but  also  up  the  narrow,  muddy  bayou ;  and,  wherever  the 
ground  was  a  little  damp,  they  have  been,  and  made  their 
tracks.  Thanks  to  all.  For  the  great  republic — for  the 
principles  by  which  it  lives  and  keeps  alive — for  man's 
vast  future — thanks  to  all.  Peace  does  not  appear  so  far 
distant  as  it  did.  I  hope  it  will  come  soon,  and  come  to 
stay ;  and  so  come  as  to  be  worth  keeping  in  all  future 
time.  It  will  then  have  proved  that  among  freemen  there 
can  be  no  successful  appeal  from  the  ballot  to  the  bullet, 
and  that  they  who  take  such  appeal  are  sure  to  lose  their 
case  and  pay  the  cost.  And  then  there  will  be  some  black 
men  who  can  remember  that,  with  silent  tongue,  and  clenched 
teeth,  and  steady  eye,  and  well-poised  bayonet,  they  have 
helped  mankind  on  to  this  great  consummation ;  while  I  fear 
that  there  will  be  some  white  men  unable  to  forget  that,  with 
maglignant  heart  and  deceitful  speech,  they  have  striven  to 
hinder  it.  Still,  let  us  not  be  over-sanguine  of  a  speedy 
final  triumph.  Let  us  be  quite  sober.  Let  us  diligently 
apply  the  means,  never  doubting  that  a  just  God,  in  His 
own  good  time,  will  give  us  the  rightful  result. 

Yours,  very  truly,         A.  Lincoln. 


JOMSOA''S  AMKESTY  PROCLAMATION. 


By  the  President  of  the  United  States  of  America: 

Whereas,  The  President  of  the  United  States,  on  the  8th 
day  of  December.  1863.  and  on  the  26th  day  of  March,  186-i, 
did.  with  the  object  of  suppressing  the  existing  rebellion,  to 
induce  all  persons  to  return  to  their  loyalty  and  to  restore 
the  authority  of  the  United  States,  issued  Proclamations 
offering  amnesty  and  pardon  to  certain  persons  who  had 
directly  or  by  implication  engaged  in  said  rebellion,  and 

Whereas,  Many  persons  who  had  so  engaged  in  the  said 
rebellion,  have,  since  the  issue  of  said  Proclamation,  failed 
or  neglected  to  take  the  benefits  offered  thereby  ;  and  whereas, 
many  persons  who  have  been  justly  deprived  of  all  claim  to 
amnesty  and  pardon  thereunder  by  reason  of  their  partici- 
pation directly  or  by  implication  in  said  rebellion,  and  con- 
tinued hostile  to  the  Government  of  the  United  States  since 
the  date  of  said  Proclamation,  now  desire  to  apply  for  and 
obtain  amnesty  and  pardon  ;  to  the  end,  therefore,  that  the 
authority  of  the  Grovernment  of  the  United  States  may  be 
restored,  and  that  peace,  order,  and  freedom  may  be  estab- 
lished. 

I,  Andrew  Johnson.  President  of  the  United  States,  do 
proclaim  and  declare  that  I  hereby  grant  to  all  persons  who 
have  directly  or  indirectly  participated  in  the  existing  re- 
bellion, except  as  hereinafter  excepted,  amnesty  and  pardon, 
with  the  restoration  of  all  the  rights  of  property,  except  as 
to  slaves,  except  in  cases  where  legal  proceedings  under  the 
laws  of  the  United  States,  providing  for  the  confiscation  of 
property  of  persons  engaged  in  the  rebellion,  have  been  in- 
stituted ;  but  on  the  condition,  nevertheless,  that  every  such 
person  shall  take  and  subscribe  the  following  oath,  which 
shall  be  registered  for  permanent  preservation,  and  shall  be 
the  tenor  and  effect  of  the  following,  to  wit : 

U  '  161 


162 


AMNESTY  PROCLAMATION. 


"I  do  solemnly  swear  or  affirm,  in  the  presence  of  AL 
mighty  Grod,  that  I  will  henceforth  faithfully  defend  the  Con- 
stitution of  the  United  States  and  the  Union  of  the  States 
thereunder ;  and  that  I  will  in  like  manner  abide  by  and 
faithfully  support  all  laws  and  proclamations  which  have 
been  made  during  the  existing  rebellion,  with  reference  to 
the  emancipation  of  slavery,  so  help  me  Grod." 

The  following  classes  of  persons  ape  excepted  from  the 
benefits  of  this  proclamation : 

First — All  who  are,  or  shall  have  been,  pretended  civil 
or  diplomatic  officers  or  otherwise,  domestic  or  foreign  agents 
of  the  pretended  Confederate  Grovernment. 

Second — All  who  left  judicial  stations  under  the  United 
States  to  aid  the  rebellion. 

Third — All  who  shall  have  been  military  or  naval  officers 
of  said  pretended  Confederate  Government  above  the  rank 
of  Colonel  in  the  Army,  or  Lieutenant  in  the  Navy. 

Fourth — All  who  left  seats  in  the  Congress  of  the  United 
States  to  aid  the  rebellion. 

Fifth — All  who  resigned  or  tendered  the  resignation  of 
their  commissions  in  the  Army  or  Navy  of  the  United  States, 
to  evade  the  duty  in  resisting  the  rebellion. 

Sixth — All  who  have  engaged  in  any  way  in  treating  other- 
wise than  lawfully  as  prisoners  of  war,  persons  found  in  the 
United  States  service,  as  officers,  soldiers,  seamen,  or  in 
other  capacities. 

Seventh — All  persons  who  have  been  or  are  absentees  from 
the  United  States  for  the  purpose  of  aiding  the  rebellion. 

Eighth — All  military  or  naval  officers  in  the  rebel  service 
who  were  educated  by  the  Grovernment  in  the  military  acad- 
emy at  West  Point,  or  in  the  United  States  Naval  Acad- 
emy. 

Ninth — All  persons  who  hold  the  pretended  offices  of 
Governors  of  States  in  insurrection  against  the  United 
States. 

Tenth — All  persons  who  left  their  homes  within  the  juris- 
diction and  protection  of  the  United  States  and  passed  be- 
yond the  Federal  military  lines  into  the  go-called  Confed- 
erate States  for  the  purpose  of  aiding  the  rebellion. 

Eleventh — All  persons  who  have  engaged  in  the  destrua- 


AMNESTY  PROCLAMATIOKT. 


163 


tion  of  the  commerce  of  the  United  States  upon  the  high 
seas,  and  all  persons  who  have  made  raids  into  the  United 
States  from  Canada,  or  been  engaged  in  destroying  the  com- 
merce of  the  United  States  upon  the  lakes  and  rivers  that 
separate  the  British  Provinces  from  the  United  States. 

Twelfth — All  persons  who,  at  the  time  when  they  seek  to 
obtain  the  benefits  hereof,  by  taking  the  oath  prescribed, 
are  in  military,  naval  or  civil  confinement  or  custody,  or  un- 
der  bond  of  the  military  or  naval  authorities,  or  agents  of 
the  United  States,  as  prisoners  of  war,  or  persons  detailed 
for  offenses  of  any  kind,  either  before  or  after  the  con- 
viction. 

Thirteenth— All  persons  who  have  voluntarily  participated 
in  said  rebellion,  and  the  estimate  value  of  whose  taxable 
property  is  over  $20,000. 

Fourteenth — All  persons  who  have  taken  the  oath  of  Am- 
nesty as  prescribed  in  the  President's  Proclamation,  Decem- 
ber 28th,  1863,  or  the  Oath  of  Allegiance  to  the  Government 
of  the  United  States  since  the  date  of  said  Proclamation, 
and  who  have  not  thenceforward  kept  and  maintained  the 
same  inviolate.    Provided  that  special  application  may  be 
made  to  the  President  for  pardon  by  any  person  belonging 
to  the  excepted  class,  and  such  clemency  will  be  liber^ally 
extended  as  may  be  consistent  with  the  facts,  and  the  peace 
and  dignity  of  the  United  States.    The  Secretary  of  State 
will  establish  rules  and  regulations  for  administering  and  re- 
cording said  Amnesty  Oath,  so  as  to  insure  its  benefits  to 
the  people,  and  guard  the  Grovernment  against  fraud. 
In  testimony  whereof,  I  have  hereunto  set  my  hand  and 
caused  the  Seal  of  the  United  States  to  be  af- 
fixed.    Done  at  the  City  of  Washington,  this 
(JJ^)    29th  day  of  May,  A.  D.  1865,  and  of  the  Inde- 
^^^^^0^    pendence  of  the  United  States,  the  eighty-ninth. 
(Signed.) 

By  the  President:  Andrew  Johnson. 

W.  H.  Sewaed,  Secretary  of  State. 


IMPEACHMENT  TRIAL  OF  ANDREW 
JOHNSON. 


The  events  which  led  to  the  impeachment  of  President  J ohnson, 
may  be  briefly  stated  as  follows:  On  the  'ilst  of  February,  1868, 
the  President  issued  an  order  to  Mr.  Stanton,  removing  him  from 
office  as  Secretary  of  War,  and  another  to  General  Lorenzo  Thomas, 
Adjutant-General  of  the  Army,  appointing  him  Secretary  of  War 
ad  interim,  directing  the  one  to  surrender  and  the  other  to  receive, 
all  the  books,  papers,  and  public  property  belonging  to  the  War 
Department.  As  these  orders  fill  an  important  place  in  the  his- 
tory of  the  impeachment,  we  give  them  here.  The  order  to  Mr. 
Stanton  reads: 

"  By  virtue  of  the  power  and  authority  vested  in  me  as  Presi- 
dent by  the  Constitution  and  laws  of  the  United  States,  you  are 
hereby  removed  from  office  as  Secretary  for  the  Department  of 
War,  and  your  functions  as  such  will  terminate  upon  the  receipt 
of  this  communication.  You  will  transfer  to  Brevet  Major-Gen- 
eral  Lorenzo  Thomas,  Adjutant-General  of  the  Army,  who  has  this 
day  been  authorized  and  empowered  to  act  as  Secretary  of  War 
ad  interim,  all  records,  books,  papers,  and  other  public  property  now 
in  your  custody  and  charge." 

The  order  to  General  Thomas  reads : 

"  The  Hon.  Edwin  M.  Stanton  having  been  this  day  removed  from 
office  as  Secretary  for  the  Department  of  War,  you  are  hereby  au- 
thorized and  empowered  to  act  as  Secretary  of  War  ad  interim,  and 
will  immediately  enter  upon  the  discharge  of  the  duties  pertaining 
to  that  office.  Mr.  Stanton  has  been  instructed  to  transfei  to  you 
all  the  records,  books,  and  other  public  property  now  in  his  cus- 
todj--  and  charge." 

These  orders  having  been  officially  communicated  to  the  Senate, 
that  body,  after  an  earnest  debate,  passed  the  following  resolution  : 
Resolved  by  the  Senate  of  the  United  States,  That  under  the  Con- 
stitution and  laws  of  the  United  States  the  President  has  no  power 
to  remove  the  Secretary  of  War  and  designate  any  other  officer  to 
perform  the  duties  of  that  office." 

The  President,  upon  the  24th,  sent  a  message  to  the  Senate, 
arguing  at  length  that  not  only  under  the  Constitution,  but  also 
under  the  laws  as  now  existing,  he  had  the  right  of  removing  Mr 
Stanton  and  appointing  another  to  fill  his  place.  The  point  of  his 
argument  is :  That  by  a^special  proviso  in  the  Tenure-of-Office  Bill 
the  various  Secretaries  of  Departments  "shall  hold  their  offices 
respectively  for  and  during  the  term  of  the  President  by  whom 


IMPEACHMENT  TRIAL  OF  ANDREW  JOHNSON.  165 


they  may  have  been  appointed,  and  for  one  month  thereafter, 
subject  to  removal  by  and  with  the  advice  of  the  Senate."  The 
President  affirms  that  Mr.  Stanton  was  appointed  not  by  him, 
but  by  his  predecessor,  Mr.  Lincoln,  and  held  office  only  by  the 
sufferance,  not  the  appointment,  of  the  present  Executive;  and 
that  therefore  his  tenure  is,  by  the  express  reading  of  the  law 
excepted  from  the  general  provision,  that  every  person  duly  ap- 
pointed to  office  "  by  and  with  the  advice  and  consent  of  the  Sen- 
ate," etc.,  shall  be  "entitled  to  hold  office  until  a  successor  shall 
have  been  in  like  manner  appointed  and  duly  qualified,  except  as 
herein  otherwise  provided."  The  essential  point  of  the  President's 
argument,  therefore,  is  that,  as  Mr.  Stanton  was  not  appointed  by 
him,  he  had,  under  the  Tenure-of-Office  Bill,  the  right  at  any  time 
to  remove  him ;  the  same  right  which  his  own  successor  would 
have,  no  matter  whether  the  incumbent  had,  by  sufferance,  not  by 
appointment  of  the  existing  Executive,  held  the  office  for  weeks  or 
even  years.  "If,"  says  the  President,  "my  successor  would  have 
the  power  to  remove  Mr.  Stanton,  after  permitting  him  to  remain 
a  period  of  two  we«ks,  because  he  was  not  appointed  by  him,  I 
who  have  tolerated  Mr.  Stanton  for  more  than  two  years,  certainly 
have  the  same  right  to  remove  him,  and  upon  the  same  ground, 
namely,  that  he  was  not  appointed  by  me  but  by  my  predecessor." 

In  the  meantime  General  Thomas  presented  himself  at  the  War 
Department  and  demanded  to  be  placed  in  the  position  to  which  he 
had  been  assigned  by  the  President.  Mr.  Stanton  refused  to  sur- 
render his  post,  and  ordered  General  Thomas  to  proceed  to  the 
apartment  which  belonged  to  him  as  Adjutant-General.  This 
order  was  not  obeyed,  and  so  the  two  claimants  to  the  Secretary- 
ship of  War  held  their  ground.  A  sort  of  legal  by-play  then  en- 
sued. Mr.  Stanton  entered  a  foi^mal  complaint  before  Judge 
Carter,  Chief  Justice  of  the  Supreme  Court  of  the  District  of  Colum- 
bia, charging  that  General  Thomas  had  illegally  exercised  and  at- 
tempted to  exercise  the  duties  of  Secretary  of  War;  and  had  threat- 
ened to  "  forcibly  remove  the  complainant  from  the  buildings  and 
apartments  of  the  Secretary  of  War  in  the  War  -  Department,  and 
forcibly  take  possession  and  control  thereof  under  his  pretended 
appointment  by  the  President  of  the  United  States  as  Secretary  of 
War  ad  interim and  praying  that  he  might  be  arrested  and  held 
to  answer  this  charge.  General  Thomas  was  accordingly  arrested, 
and  held  to  bail  in  the  sum  of  $15,000  to  appear  before  the  court 
on  the  24th.  Appearing  on  that  day  he  was  discharged  from  cus- 
tody and  bail;  whereupon  he  entered  an  action  against  Mr.  Stan- 
ton for  false  imprisonment,  laying  his  damages  at  $150,000. 

On  the  22d  of  February  the  House  Committee  on  Reconstruction, 
through  its  Chairman,  Mr.  Stevens,  presented  a  brief  report,  merely 
stating  the  fact  of  the  attempted  removal  by  the  President  of  Mr. 
Stanton,  and  closing  as  follows: 

"  Upon  the  evidence  collected  by  the  Committee,  which  is  here- 


166         IMPEACHMENT  TEIAL  OP  ANDREW  JOHNSON. 


after  presented,  and  in  virtue  of  the  powers  with  which  they  have 
been  invested  by  the  House,  they  are  of  the  opinion  that  Andrew 
Johnson,  President  of  the  United  States,  should  be  impeached  of  high 
crimes  and  misdemeanors.  They,  therefore,  recommend  to  the 
House  the  adoption  of  the  following  resolution : 

Resolved,  That  Andrew  Johnson,  President  of  the  United  States 
be  impeached  of  high  crimes  and  misdemeanors." 

After  earnest  debate,  the  question  on  the  resolution  was  adopted, 
on  the  24th,  by  a  vote  of  126  to  47.  A  committee  of  two  members- 
Stevens  and  Bingham — were  to  notify  the  Senate  of  the  action  of 
the  House;  and  another  committee  of  seven — Boutwell,  Stevens, 
Bingham,  Wilson,  Logan,  Julian,  and  Ward — to  prepare  the  articles 
of  impeachment.  On  the  25th  (February)  Mr.  Stevens  thus  an- 
nounced to  the  Senate  the  action  which  had  been  taken  by  the 
House: 

"  In  obedience  to  the  order  of  the  House  of  Representatives  we 
have  appeared  before  you,  and  in  the  name  of  the  House  of  Rep- 
resentatives and  of  all  the  people  of  the  United  States,  we  do  im- 
peach Andrew  Johnson,  President  of  the  United  States,  of  high 
crimes  and  misdemeanors  in  ofi&ce.  And  we  further  inform  the 
Senate  that  the  House  of  Representatives  will  in  due  time  exhibit 
particular  articles  of  impeachment  against  him,  to  make  good  the 
same ;  and  in  their  name  we  demand  that  the  Senate  take  due  order 
for  the  appearance  of  the  said  Andrew  Johnson  to  answer  to  the 
said  impeachment." 

The  Senate  thereupon,  by  a  unanimous  vote,  resolved  that  this 
message  from  the  House  should  be  referred  to  a  select  Committee  of 
Seven,  to  be  appointed  by  the  chair,  to  consider  the  same  and  report 
thereon.  This  Committee  subsequently  made  a  report  laying  down 
the  rules  of  procedure  to  be  observed  on  the  trial. 

On  the  29th  of  February  the  Committee  of  the  House  appointed 
for  that  purpose  presented  the  articles  of  impeachment  which  they 
had  drawn  up.  These,  with  slight  modification,  were  accepted  on 
the  2d  of  March.  They  comprise  nine  articles,  eight  of  which  are 
based  upon  the  action  of  the  President  in  ordering  the  removal  of 
Mr.  Stanton,  and  the  appointment  of  General  Thomas  as  Secretary 
of  War.    The  general  title  to  the  impeachment  is :  - 

"  Articles  exhibited  by  the  House  of  Representatives  of  the  United 
States,  in  the  name  of  themselves  and  all  the  people  of  the  United 
Stales,  against  Andrew  Johnson,  President  of  the  United  States,  as 
maintenance  and  support  of  their  impeachment  against  him  for 
high  crimes  and  misdemeanors  in  office." 

Each  of  the  articles  commences  with  a  preamble  to  the  effect  that 
the  President,  "unmindful  of  the  high  duties  of  his  office,  of  his 
oath  of  office,  and  of  the  requirements  of  the  Constitution  that  he 
should  take  care  that  the  laws  be  faithfully  executed,  did  unlaw- 
fully and  in  violation  of  the  laws  and  Constitution  of  the  United 
States,  perform  the  several  acts  specified  in  the  articles  respec- 


IMPEACHMENT  TEIAL  OF  ANDREW  JOHNSON. 


16T 


lively;"  closing  with  the  declaration:  "Whereby  the  said  Andrew 
Johnson,  President  of  the  United  States,  did  then  and  there  commit 
and  was  guilty  of  a  high  misdemeanor  in  office."  The  phraseology 
is  somewhat  varied.  In  some  cases  the  offense  charged  is  desig- 
nated as  a  "misdemeanor,"  in  others  as  a  "crime."  The  whole 
closes  thus : 

"And  the  House  of  Representatives,  by  protestation,  saving  to 
themselves  the  liberty  of  exhibiting  at  any  time  hereafter  any 
further  articles  or  other  accusation  or  impeacement  against  the 
said  Andrew  Johnson,  President  of  the  United  States,  and  also  of 
replying  to  his  answers  which  he  shall  make  to  the  articles  herein 
preferred  against  him,  and  of  offering  proof  to  the  same  and  every 
part  thereof,  and  to  all  and  every  other  article,  accusation,  or  im- 
peachment which  shall  be  exhibited  by  them  as  the  case  shall  re- 
quire, do  demand  that  the  said  Andrew  Johnson  may  be  put  to  answer 
the  high  crimes  and  misdemeanors  in  office  herein  charged  against 
him,  and  that  such  proceedings,  examinations,  trials,  and  judgments 
may  be  thereupon  had  and  given  as  may  be  agreeable  to  law  and 
justice." 

The  following  is  a  summary  in  brief  of  the  points  in  the  articles 
of  impeachment,  legal  and  technical  phraseology  being  omitted : 

Article  1.  Unlawfully  ordering  the  removal  of  Mr.  Stanton  as  Sec- 
retary of  War,  in  violation  of  the  provisions  of  the  Tenure-of-Office 
Act. — Article  2.  Unlawfully  appointing  General  Lorenzo  Thomas  as 
Secretary  of  War  ad  interim. — Article  3  is  substantially  the  same  as 
Article  2,  with  the  addition  that  there  was  at  the  time  of  the  ap- 
pointment of  General  Thomas  no  vacancy  in  the  office  af  Secretary 
of  Wiir. —Article  4  charges  the  President  with  "  conspiring  with  one 
Lorenzo  Thomas  and  other  persons,  to  the  House  of  Representatives 
unknown,"  to  prevent,  by  intimidation  and  threats,  Mr.  Stanton,  the 
legally-appointed  Secretary  of  War,  from  holding  that  office. — Ar- 
tide  6  charges  the  President  with  conspiring  with  General  Thomas 
and  others  to  hinder  the  execution  of  the  Tenure-of-Office  Act ;  and, 
in  pursuance  of  this  conspiracy,  attempting  to  prevent  Mr.  Stanton 
from  acting  as  Secretary  of  War. — Article  6  charges  that  the  Presi- 
dent conspired  with  General  Thomas  and  others  to  take  forcible 
possession  of  the  property  in  the  War  Department. — Article  7  re- 
peats the  charge,  in  other  terms,  that  the  President  conspired  with 
General  Thomas  and  others  to  hinder  the  execution  of  the  Tenure- 
of-Office  Act,  and  to  prevent  Mr.  Stanton  from  executing  the  office 
of  Secretary  of  War. — Article  8  again  charges  the  President  with 
conspiring  with  General  Thomas  and  others  to  take  possession  of 
the  property  in  the  War  Department. — Article  9  charges  that  the 
President  called  before  him  General  Emory,  who  was  in  command 
of  the  forces  in  the  Department  of  Washington,  and  declared  to  him 
that  a  law,  passed  on  the  30th  of  June,  1867,  directing  that  "all 
orders  and  instructions  relating  to  military  operations,  issued  by 
the  President  or  Secretary  of  War,  shall  be  issued  through  the  Gen  ■ 


168         IMPEACHMENT  TRIAL  OF  ANDREW  JOHNSON. 


eral  of  tlie  Army,  and,  in  case  of  his  inability,  through  the  next  in 
rank,"  was  unconstitutional,  and  not  binding  upon  General  Emory; 
the  intent  being  to  induce  General  Emory  to  violate  the  law,  and  to 
obey  orders  issued  directly  from  the  President. 

The  foregoing  articles  of  impeachment  were  adopted  on  the  2d 
of  March,  the  votes  upon  each  slightly  varying,  the  average  being 
125  ayes  to  40  nays.  The  question  then  came  up  of  appointment 
of  managers  on  the  part  of  the  House  to  conduct  the  impeachment 
before  the  Senate.  Upon  this  question  the  Democratic  members  did 
not  vote  ;  118  votes  were  cast,  60  being  necessary  to  a  choice.  The 
following  was  the  result,  the  number  of  votes  cast  for  each  elected 
manager  being  given :  Stevens,  of  Penn.,  105 ;  Butler,  of  Mass.,  108  ; 
Bingham,  of  Ohio,  114;  Boutwell,  of  Mass.,  113;  Wilson,  of  Iowa, 
112 ;  Williams,  of  Penn.,  107 ;  Logan,  of  111.,  106.  The  foregoing 
seven  Representatives  were,  therefore,  duly  chosen  as  Managers 
of  the  Bill  of  Impeachment.  The  great  body  of  the  Democratic 
members  of  the  House  entered  a  formal  protest  against  the  whole 
course  of  proceedings  involved  in  the  impeachment  of  the  Presi- 
dent. They  claimed  to  represent  "directly  or  in  principle  more 
than  one-half  of  the  people  of  the  United  States."  This  protest 
was  signed  by  forty-five  Representatives. 

On  the  3d  the  Board  of  Managers  presented  two  additional  arti- 
cles of  impeachment,  which  were  adopted  by  the  House.  The  first 
charges,  in  substance,  that 

"  The  President,  unmindful  of  the  high  duties  of  his  office  and  of 
the  harmony  and  courtesies  which  ought  to  be  maintained  between 
the  executive  and  legislative  branches  of  the  Government  of  the 
United  States,  designing  to  set  aside  the  rightful  authority  and 
powers  of  Congress,  did  attempt  to  bring  into  disgrace  the  Congress 
of  the  United  States  and  the  several  branches  thereof,  to  impair 
and  destroy  the  regard  and  respect  of  all  the  good  people  of  the 
United  States  for  the  Congress  and  legislative  power  thereof,  and 
to  excite  the  odium  and  resentment  of  all  the  good  people  of  the 
United  States  against  Congress  and  the  la^vs  by  it  enacted;  and  in 
pursuance  of  his  said  design  openly  and  publicly,  and  before  divers 
assemblages  convened  in  divers  parts  thereof  to  meet  and  receive 
said  Andrew  Johnson  as  the  Chief  Magistrate  of  the  United  States, 
did  on  the  18th  day  of  August,  in  the  year  of  our  Lord  1866,  and 
on  divers  other  days  and  times,  as  well  before  as  afterward,  make 
and  deliver  with  a  loud  voice  certain  intemperate,  inflammatory, 
and  scandalous  harangues,  and  did  therein  utter  loud  threats  and 
bitter  menaces  as  well  against  Congress  as  the  laws  of  the  United 
States  duly  enacted  thereby." 

To  this  article  are  appended  copious  extracts  from  speeches  of 
Mr.  Johnson.    The  second  article  is  substantially  as  follows : 

"The  President  did,  on  the  18th  day  of  August,  1866,  at  the  City 
of  Washington,  by  public  speech,  declare  and  affirm  in  substance 
that  the  Thirty-ninth  Congress  of  the  United  States  was  not  a  Con« 


IMPEACHMEIfT  TKIAL  OF  ANDEEW  JOHXSON. 


169 


grcss  of  the  United  States,  authorized  by  the  Constitution  to  exer- 
cise legislative  power  under  the  same,  but,  on  the  contrary,  was  a 
Congress  of  only  a  part  of  the  States,  thereby  denying  and  intend- 
ing to  deny  that  the  legislation  of  said  Congress  was  valid  or  obli- 
gatory upon  him,  except  in  so  far  as  he  saw  fit  to  approve  the  same, 
and  did  devise  and  contrive  means  by  which  he  might  prevent  Ed- 
win M.  Stanton  from  forthwith  resuming  the  functions  of  the  office 
of  Secretary  for  the  Department  of  War;  and,  also,  by  further  un- 
lawfully devising  and  contriving  means  to  prevent  the  execution 
of  an  act  entitled  'An  act  making  appropriations  for  the  support 
of  the  army  for  the  fiscal  year  ending  June  30,  1868,  and  for  other 
purposes,'  approved  March  2,  1867;  and  also  to  prevent  the  execu- 
tion of  an  act  entitled  'An  act  to  provide  for  the  more  efficient 
government  of  the  rebel  States,'  passed  March  2,  1867,  did  commit 
and  was  guilty  of  a  high  misdemeanor  in  office." 

On  the  4th  of  March  the  Senate  notified  the  House  that  they  were 
ready  to  receive  the  Managers  of  the  Impeachment.  They  ap- 
peared, and  the  articles  were  formally  read.  The  Senate  had 
meanwhile  adopted  the  rules  of  procedure.  Chief  Justice  Chase 
Bent  a  communication  to  the  Senate  to  the  effect  that  this  body, 
when  acting  upon  an  impeachment,  was  a  Court  presided  over  by 
the  Chief  Justice,  and  that  all  orders  and  rules  should  be  framed 
by  the  Court.  On  the  5th  the  Court  was  formally  organized.  An 
exception  was  taken  to  the  eligibility  of  Mr.  Wade  as  a  member  of 
the  Court,  oq  the  ground  that  he  was  a-party  interested,  since,  in 
the  event  of  the  impeachment  being  sustained,  he,  as  President  of 
the  Senate,  would  become  Acting  President  of  the  United  States. 
This  objection  was  withdrawn,  and  Mr.  Wade  was  sworn  as  a  mem- 
ber of  the  Court.  On  the  7th  the  summons  for  the  President  to 
appear  was  formally  served  upon  him.  On  the  13th  the  Court  was 
again  formally  reopened.  The  President  appeared  by  his  counsel, 
Hon.  Henry  Stanbery,  of  Ohio:  Hon.  Wm,  M.  Evarts,  of  New  York; 
Hon.  Wm.  S.  Groesbeck,  of  Ohio  ;  Hon.  Benjamin  R.  Curtis,  of  Mas- 
sachusetts ;  Hon.  Thomas  A.  R.  Xelson,  of  Tennessee,  who  asked  for 
forty  days  tD  prepare  an  answer  to  the  indictment.  This  was  re- 
fused, and  ten  days  granted;  it  being  ordered  that  the  proceedings 
should  reopen  on  the  23d.  Upon  that  day  the  President  appeared 
by  his  counsel,  and  presented  his  answer  to  the  articles  of  im- 
peachment.   This  reply  was  in  substance  as  follows : 

The  first  eight  articles  in  the  Bill  of  Impeachment,  as  briefly 
summed  up  in  our  last  record,  are  based  upon  the  action  of  the 
President  in  ordering  the  removal  of  Mr.  Stanton,  and  the  tempo- 
rary appointment  of  General  Thomas  as  Secretary  of  War.  The 
gist  of  them  is  contained  in  the  first  article,  charging  the  unlaw- 
ful removal  of  Mr.  Stanton;  for,  this  failing,  the  others  would  fail 
also.  To  this  article  a  considerable  part  of  the  President's  answer 
is  devoted.  It  is  mainly  an  amplification  of  the  points  put  forth 
in  the  Message  of  February  24th,  in  which  he  gave  his  reagons  for 


170         IMPEACHMENT  TEIAL  OE  ANDHEW  JOHNSON". 


his  orders.    The  President  cites  the  laws  by  which  this  department 
of  the  administration  was  created,  and  the  rules  laid  down  for  the 
duties  pertaining  to  it;  prominent  among  which  are:  that  the  Sec- 
retary shall  "conduct  the  business  of  the  department  in  such  man- 
ner as  the  President  of  the  United  States  shall  from  time  to  time 
order  and  instruct;"  and  that  he  should  "bold  the  office  during  the 
pleasure  of  the  President;"  and  that  Congress  had  no  legal  right  to 
deprive  the  President  of  the  power  to  remove  the  Secretary.  He 
was,  however,  aware  that  the  design  of  the  Tenure-of-Ofl&ce  Bill 
was  to  vest  this  power  of  removal,  in  certain  cases,  jointly  in  the 
Executive  and  the  Senate;  and  that,  while  believing  this  act  to  be 
unconstitutional,  yet  it  haviiffe  been  passed  over  his  veto  by  the  re- 
quisite majority  of  two-thirds,  he  considered  it  to  be  his  duty  to  as- 
certain in  how  far  the  case  of  Mr.  Stanton  came  within  the  pro- 
visions of  this  law ;  after  consideration,  he  came  to  the  conclusion  that 
the  case  did  not  come  within  the  prohibitions  of  the  law,  and  that, 
by  that  law  he  still  had  the  right  of  removing  Mr.  Stanton ;  but 
that,  wishing  to  have  the  case  decided  by  the  Supreme  Court,  he,  on 
the  12th  of  August,  issued  the  order  merely  suspending,  not  remov- 
ing, Mr.  Stanton,  a  power  expressly  granted  by  the  Tenure-of-Office 
Act,  and  appointed  General  Grant  Secretary  of  War  ad  interim.  The 
President  then  recites  the  subsequent  action  in  the  case  of  Mr.  Stan- 
ton; and,  as  he  avers,  still  believing  that  he  had  the  constitu- 
tional power  to  remove  him  from  office,  issued  the  order  of  February 
21st,  for  s%ch  removal,  designing  to  thus  bring  the  matter  before 
the  Supreme  Court.    He  then  proceeds  formally  to  deny  that  at 
this  time  Mr.  Stanton  was  in  lawful  possession  of  the  office  of  Secre- 
tary of  War;  and  that,  consequently,  the  order  for  his  removal  was 
in  violation  of  the  Tenure-of-Office  Act;  and  that  it  was  in  viola- 
tion of  the  Constitution  or  of  any  law ;  or  that  it  constituted  any 
official  crime  or  misdemeanor. 

In  regard  to  the  seven  succeeding  articles  of  impeachment  the 
President,  while  admitting  the  facts  of  the  order  appointing  Gen- 
eral Thomas  as  Secretary  of  War  ad  interim^  denies  all  and  every  of 
the  crimnal  charges  therein  set  forth.  So  of  the  ninth  article, 
charging  an  effort  to  induce  General  Emory  to  violate  the  law,  the 
Presfdent  denies  all  such  intent,  and  calls  attention  to  the  fact  that 
while,  for  urgent  reasons,  he  signed  the  bill  prescribing  that  orders 
to  the  army  should  be  issued  only  through  the  General,  he  at  the 
same  time  declared  it  to  be,  in  his  judgment,  unconstitutional;  and 
affirms  that  in  his  interview  with  General  Emory  he  said  no  more 
than  he  had  before  officially  said  to  Congress— that  is,  that  the  law 
was  unconstitutional. 

As  to  the  tenth  article,  the  first  of  the  supplementary  ones,  the 
President,  while  admitting  that  he  made  certain  public  speeches  at 
the  times  and  places  specified,  does  not  admit  that  the  passages 
cited  are  fair  reports  of  his  remarks ;  denies  that  he  has  ever  been 
unmindful  of  the  courtesies  which  ought  to  be  maintained  between 


IMPEACHMENT  TEIAL  OF  ANDEEW  JOHN-SON. 


171 


the  executive  and  legislative  departments;  but  he  claims  the 
perfect  right  at  all  times  to  express  his  views  as  to  all  public 
natters. 

The  reply  to  the  eleventh  article,  the  second  supplementary  one, 
is  to  the  same  general  purport,  denying  that  he  ever  affirmed, that 
the  Thirty-ninth  Congress  was  not  a  valid  Congress  of  the  United 
States,  and  its  acts  obligatory  only  as  they  were  approved  by  him; 
and  denying  that  he  had,  as  charged  in  the  article,  contrived  un- 
lawful means  for  preventing  Mr.  Stanton  from  resuming  the  func- 
tions of  Secretary  of  War,  or  for  preventing  the  execution  of  the  act 
making  appropriations  for  the  support  of  the  army,  or  that  to  pro- 
vide for  the  more  ef&cient  government  of  the  rebel  States.  In  his 
answer  to  this  article  the  President  refers  to  his  reply  to  the  first 
article,  in  which  he  sets  forth  at  length  all  the  steps,  and  the  rea- 
sons therefor,  relating  to  the  removal  of  Mr.  Stanton.  In  brief,  the 
answer  of  the  President  to  the  articles  of  impeachment  is  a  general 
denial  of  each  and  every  criminal  act  charged  in  the  articles  of 
impeachment. 

The  counsel  for  the  President  then  asked  for  a  delay  of  thirty 
days  after  the  replication  of  the  managers  of  the  impeachment 
should  have  been  rendered,  before  the  trial  should  formally  proceed. 
This  was  refused,  and  the  managers  of  the  impeachment  stated  that 
their  replication  would  be  presented  the  next  day :  it  was  that, 

"  The  Senate  will  commence  the  trial  of  the  President  upon  the 
articles  of  impeachment  exhibited  against  him  on  Monday,  the  30th 
day  of  March,  and  proceed  therein  with  all  dispatch  under  the  rules 
of  the  Senate,  sitting  upon  the  trial  of  an  impeachment." 

The  replication  of  the  House  of  Representatives  was  a  simple  de- 
nial of  each  and  every  averment  in  the  answer  of  the  President, 
closing  thus : 

"  The  House  of  Representatives  ....  do  say  that  the  said  Andrew 
Johnson,  President  of  the  United  States,  is  guilty  of  the  high  crimes 
and  misdemeanors  mentioned  in  the  said  articles,  and  that  the  said 
House  of  Representatives  are  ready  to  prove  the  same." 

The  trial  began,  as  appointed,  on  March  30,  There  being  twenty- 
seven  States  represented,  there  were  fifty-four  Senators,  who  con- 
stituted the  Court,  presided  over  by  Chief  Justice  Salmon  P.  Chase, 
of  Ohio.  Senators:  California^  Cole,  Conness;  Connecticut^  Dixon, 
Ferry;  Delaware,  Bayard,  Saulsbury ;  Indiana,  Hendricks,  Morton; 
Illinois,  Trumbull,  Yates ;  Iowa,  Grimes,  Harlan ;  Kansas,  Pomeroy, 
Ross;  Kentucky,  Davis,  McCreery;  Maine,  Fessenden,  Morrill  (Lot 
M.) ;  Maryland,  Johnson,  Vickers ;  Massachusetts,  Sumner,  Wilson ; 
Michigan,  Chandler,  Howard;  Minnesota,  Norton,  Ramsay;  Missouri, 
Drake,  Henderson ;  Nebraska,  Thayer,  Tipton ;  Nevada,  Nye,  Stew- 
art; New  Hampshire,  Cragin,  Patterson  (J.  W.);  New  Jersey,  Cattell, 
Frelinghuysen ;  New  For^,  Conklin,  Morgan;  OAio,  Sherman,  Wade; 
Oregon,  Corbett,  Williams ;  Pennsylvania,  Buckalew,  Cameron ;  Rhode 
Island,  Anthony,  Sprague ;  Tennessee,  Fowler,  Pattpj-son  (David); 


172         IMPEACHMENT  TRIAL  OF  ANDEEW  JOHNSON. 


Vermont,  Edmunds,  Morrill  (J.  S.);  West  Tirginia^  Van  Winkle 
Willey  ;  Wisconsin,  Doolittle,  Howe. 

Managers  for  the  Prosecution :  Messrs.  Bingham,  Boutwell,  Butler, 
Logan,  Stevens,  Williams,  Wilson. 

Counsel  for  the  President:  Messrs.  Curtis,  Evarts,  Groesbeck,  Nel- 
son, Stanbery. 

The  following  was  the  order  of  procedure :  The  Senate  convened 
at  11  or  12  o'clock,  and  was  called  to  order  by  the  president  of  that 
body,  who,  after  prayer,  would  leave  the  chair,  which  was  imme- 
diately assumed  by  the  Chief  Justice,  who  wore  his  official  robes. 
The  prosecution  was  mainly  conducted  by  Mr.  Butler,  who  exam- 
ined the  witnesses,  and,  in  conjunction  with  the  others,  argued  the 
points  of  law  which  came  up.  The  defense,  during  the  early  part 
of  the  trial,  was  mainly  conducted  by  Mr.  Stanbery,  who  had  re- 
signed the  office  of  Attorney-General  for  this  purpose,  but,  being 
taken  suddenly  ill,  Mr.  Evarts  took  his  place.  According  to  the 
rule  at  first  adopted,  the  trial  was  to  be  opened  by  one  counsel  on 
each  side,  and  summed  up  by  two  on  each  side;  but  this  rule  was 
subsequently  modified  so  as  to  allow  as  many  of  the  managers  and 
counsel  as  chose  to  sum  up,  either  orally  or  by  filing  written  argu- 
ments. 

THE  PROSECUTION. 

The  whole  of  the  first  day  (March  30]  was  occupied  by  the  open- 
ing speech  of  Mr.  Butler.  After  touching  upon  the  importance  of 
the  case,  and  the  wisdom  of  the  framers  of  the  Constitution  in 
providing  for  its  possible  occurrence,  he  laid  down  the  following 
proposition,  supporting  it  by  a  copious  array  of  authorities  and 
precedents : 

"  We  define,  therefore,  an  impeachable  high  crime  or  misdemea- 
nor to  be  one,  in  its  nature  or  consequences,  subversive  of  some 
fundamental  or  essential  principle  of  government,  or  highly  preju- 
dicial to  the  public  interest,  and  this  may  consist  of  a  violation  of 
the  Constitution,  of  law,  of  an  official  oath,  or  of  duty,  by  an  act 
committed  or  omitted,  or,  without  violating  a  positive  law,  by  the 
abuse  of  discretionary  powers  from  improper  motives,  or  for  any 
improper  purpose." 

He  then  proceeded  to  discuss  the  nature  and  functions  of  the 
tribunal  before  which  the  trial  is  held.  He  asked :  "  Is  this  pro- 
ceeding a  trial,  as  that  term  is  understood,  so  far  as  relates  to  the 
rights  and  duties  of  a  court  and  jury  upon  an  indictment  for 
crime ?  Is  it  not  rather  more  in  the  nature  of  an  inquest? "  The 
Constitution,  he  urged,  "  seems  to  have  determined  it  to  be  the  lat- 
ter, because,  under  its  provisions,  the  right  to  retain  and  hold  office 
is  the  only  subject  to  be  finally  adjudicated;  all  preliminary  in- 
quiry being  carried  on  solely  to  determine  that  question,  and  that 
alone."  He  then  proceeded  to  argue  that  this  body  now  sitting  to 
determine  the  accusation,  is  the  Senate  of  the  United  States,  and 


IMPEACHMEXT  TEIAL  OF  ANDKEW  JOHH-SON.  173 

not  a  court.  This  question  is  of  consequence,  he  argued,  because, 
in  the  latter  case,  it  would  be  bound  by  the  rules  and  precedents  of 
common-law  statutes ;  the  members  of  the  court  would  be  liable  to 
challenge  on  many  grounds ;  and  the  accused  might  claim  that  he 
could  only  be  convicted  when  the  evidence  makes  the  fact  clear  be- 
yond reasonable  doubt,  instead  of  by  a  preponderance  of  the  evi- 
dence. The  fact  that  in  this  case  the  Chief  Justice  presides,  it  was 
argued,  does  not  constitute  the  Senate  thus  acting  a  court-  for  in 
all  cases  of  impeachment,  save  that  of  the  President,  its  regular 
presiding  officer  presides.  Moreover,  the  procedures  have  no  an- 
alogy to  those  of  an  ordinary  court  of  justice.  The  accused  merely 
receives  a  notice  of  the  case  pending  against  him.  He  is  not  re- 
quired to  appear  personally,  and  the  case  will  go  on  without  his 
presence.  Mr.  Butler  thus  summed  up  his  position  in  this  regard : 
^  "  A  constitutional  tribunal  solely,  you  are  bound  by  no  law, 
either  statute  or  common,  which  may  limit  your  constitutional 
prerogative.  You  consult  no  precedents  save  those  of  the  law  and 
custom  of  parliamentary  bodies.  You  are  a  law  unto  yourselves, 
bound  only  by  the  natural  principles  of  equity  and  justice,  and 
that  salus  populi  suprema  est  lexr 

Mr.  Butler  then  proceeded  to  consider  the  articles  of  impeach- 
ment. The  first  eight,  he  says,  "  set  out,  in  several  distinct  forms, 
the  acts  of  the  President  in  removing  Mr.  Stanton  and  appointing 
General  Thomas,  differing,  in  legal  efiPect,  in  the  purposes  for  which, 
and  the  intent  with  which,  either  or  both  of  the  acts  were  done,  and 
the  legal  duties  and  rights  infringed,  and  the  Acts  of  Congress  vio- 
lated in  so  doing."  In  respect  to  all  of  these  articles,  Mr.  Butler 
says,  referring  to  his  former  definition  of  what  constituted  an  im- 
peachable high  crime : 

"  All  the  articles  allege  these  acts  to  be  in  contravention  of  his 
oath  of  office,  and  in  disregard  of  the  duties  thereof.  If  they  are 
so,  however,  the  President  might  have  the  power  to  do  them  tmder 
the  law.  Still,  being  so  done,  they  are  acts  of  official  misconduct, 
and,  as  we  have  seen,  impeachable.  The  President  has  the  legal 
power  to  do  many  acts  which,  if  done  in  disregard  of  his  duty,  or 
for  improper  purposes,  then  the  exercise  of  that  power  is  an  official 
misdemeanor.  For  example,  he  has  the  power  of  pardon  ;  if  exer- 
cised, in  a  given  case,  for  a  corrupt  motive,  as  for  the  payment  of 
money,  or  wantonly  pardoning  all  criminals,  it  would  be  a  misde- 
meanor." 

Mr.  Butler  affirmed  that  every  fact  charged  in  the  first  article, 
and  substantially  in  the  seven  following,  is  admitted  in  the  reply 
of  the  President ;  and  also  that  the  general  intent  to  set  aside  the 
Tenure-of-Office  Act  is  therein  admitted  and  justified.  He  then 
proceeded  to  discuss  the  whole  question  of  the  power  of  the  Presi- 
dent for  removals  from  office,  and  especially  his  claim  that  this 
power  was  imposed  upon  the  President  by  the  Constitution,  and 
that  it  could  not  be  taken  from  him,  or  be  vested  jointly  in  Mm  and 


174         IMPEACHMENT  TRIAL  OF  ANDHEW  JOHNSON". 


Ihe  Senate,  partly  or  in  whole.  This,  Mr.  Butler  affi  led,  was  the 
real  question  at  issue  before  the  Senate  and  the  Am  ican  people. 
He  said  • 

"  Has  the  President,  under  the  Constitution,  the  m»  te  than  royal 
prerogative  at  will  to  remove  from  office,  or  to  suspend  from  office, 
all  executive  officers  of  the  United  States,  either  civil,  military  or 
naval,  and  to  fill  the  vacancies,  without  any  restraint  whatever,  or 
possibility  of  restraint,  by  the  Senate  or  by  Congress,  through  laws 
duly  enacted?  The  House  of  Representatives,  in  behalf  of  the 
people,  join  issue  by  affirming  that  the  exercise  of  such  powers  is  a 
high  misdemeanor  in  office.  If  the  affirmative  is  maintained  by  the 
respondent,  then,  so  far  as  the  first  eight  articles  are  concerned — 
unless  such  corrupt  purposes  are  shown  as  will  of  themselves  mat:e 
the  exercise  of  a  legal  power  a  crime — the  respondent  n^ust  go,  and 
ought  to  go,  quit  and  free." 

This  point  as  to  the  legal  right  of  the  President  to  make  removals 
from  of&ce,  which  constitutes  the  real  burden  of  the  articles  of  im- 
peachment, was  argued  at  length.  Mr.  Butler  assumed  that  the  Sen- 
ate, by  whom,  in  conjunction  with  the  House,  the  Tenure-of-Office 
Act  had  been  passed  over  the  veto  of  the  President,  would  maintain 
the  law  to  be  constitutional.  The  turning  point  was  whether  the 
special  case  of  the  removal  of  Mr.  Stanton  came  within  the  provi- 
sions of  this  law.    This  rested  upon  the  proviso  of  that  law,  that — 

"  The  Secretaries  shall  hold  their  office  during  the  term  of  the 
President  by  whom  they  may  have  been  appointed,  and  for  one 
month  thereafter,  subject  to  removal  by  and  with  the  advice  and 
consent  of  the  Senate." 

The  extended  argument  upon  this  point,  made  by  Mr.  Butler,  was 
to  the  effect  that  Mr.  Stanton  having  been  appointed  by  Mr.  Lin- 
coln, whose  term  of  office  reached  to  the  4th  of  March,  1869,  that 
of  Mr.  Stanton  existed  until  a  month  later,  unless  he  was  previously 
removed  by  the  concurrent  action  of  the  President  and  Senate. 
The  point  of  the  argument  is,  that  Mr.  Johnson  is  merely  serving 
out  the  balance  of  the  term  of  Mr.  Lincoln,  cut  short  by  his  assas- 
sination, so  that  the  Cabinet  officers  appointed  by  Mr.  Lincoln  held 
their  places,  by  this  very  proviso,  during  that  term  and  for  a  month 
thereafter ;  for,  he  argued,  if  Mr.  Johnson  was  not  merely  serving 
out  the  balance  of  Mr.  Lincoln's  term,  then  he  is  entitled  to  the 
office  of  President  for  four  full  years,  that  being  the  period  for 
which  a  President  is  elected.  If,  continues  the  argument,  Mr 
Stanton's  commission  was  vacated  by  the  Tenure-of-Office  Act,  it 
ceased  on  the  4th  of  April,  1865;  or,  if  the  act  had  no  retroactive 
effect,  still,  if  Mr.  Stanton  held  office  merely  under  his  commission 
from  Mr.  Lincoln,  then  his  functions  would  have  ceased  upon  the 
passage  of  the  bill,  March  2,  1867;  and,  consequently,  Mr.  John- 
son, in  "  eBiploying  "  him  after  that  date  as  Secretary  of  War,  was 
guilty  of  a  high  misdemeanor,  which  would  give  ground  for  a  new 
article  of  impeachment. 


IMPEACHMENT  TEIAL  OE  ANDREW  JOHNSON.  175 


After  justifying  the  course  of  Mr,  Stanton  in  holding  on  to  the 
Becretaryship  in  opposition  to  the  wish  of  the  President,  on  the 
ground  that  "  to  desert  it  now  would  be  to  imitate  the  treachery  of 
his  accidental  chief,"  Mr.  Butler  proceeded  to  discuss  the  reasons 
assigned  by  the  President  in  his  answer  to  the  articles  of  impeach- 
ment for  the  attempt  to  remove  Mr.  Stanton.  These,  in  substance, 
were  that  the  President  believed  the  Tenure-of-Office  Act  was  un- 
constitutional, and,  therefore,  void  and  of  no  effect,  and  that  he  had 
the  right  to  remove  him  and  appoint  another  person  in  his  place. 
Mr.  Butler  urged  that,  in  all  of  these  proceedings,  the  President 
professed  to  act  upon  the  assumption  that  the  act  was  valid,  and 
that  his  action  was  in  accordance  with  its  provisions.  He  then 
went  on  to  charge  that  the  appointment  of  General  Thomas  as  Sec- 
retary of  War  ad  interim,  was  a  separate  violation  of  law.  By  the 
act  of  February  20,  1863,  which  repealed  all  previous  laws  incon- 
sistent with  it,  the  President  was  authorized,  in  case  of  the  "death, 
resignation,  absence  from  the  seat  of  Government,  or  sickness  of 
the  head  of  an  executive  department,"  or  in  any  other  case  where 
these  officers  could  not  perforin  their  respective  duties,  to  appoint 
the  head  of  any  other  executive  department  to  fulfill  the  duties  of 
the  office  "until  a  successor  be  appointed,  or  until  such  absence  or 
disability  shall  cease,"  Now,  urged  Mr.  Butler,  at  the  time  of  the 
appointment  of  General  Thomas  as  Secretary  of  War  ad  interim,  Mr. 
Stanton  "  had  neither  died  nor  resigned,  was  not  sick  nor  absent," 
and,  consequently,  General  Thomas,  not  being  the  head  of  a  depart- 
ment, bui  only  of  a  bureau  of  one  of  them,  was  not  eligible  to  this 
appointment,  and  that,  therefore,  his  appointment  was  illegal  and 
void. 

The  ninth  article  of  impeachment,  wherein  the  President  ia 
charged  with  endeavoring  to  induce  General  Emory  to  take  orders 
directly  from  himself,  is  dealt  with  in  a  rather  slight  manner. 
Mr.  Butler  says,  "If  the  transaction  set  forth  in  this  article  stood 
alone,  we  might  well  admit  that  doubts  might  arise  as  to  the  suffi- 
ciency of  the  proof;"  but,  he  adds,  the  surroundings  are  so  pointed 
and  significant  as  to  leave  no  doubt  in  the  mind  of  an  impartial 
man  as  to  the  intents  and  purposes  of  the  President" — these  intents 
being,  according  to  Mr.  Butler,  "to  induce  General  Epaory  to  take 
orders  directly  from  himself,  and  thus  to  hinder  the  execution  of 
the  Civil  Tenure  Act,  and  to  prevent  Mr.  Stanton  from  holding  his 
office  of  Secretary  of  War." 

As  to  the  tenth  article  of  impeachment,  based  upon  various 
epeeches  of  the  President,  Mr.  Butler  undertook  to  show  that  the 
reports  of  these  speeches,  as  given  in  the  article,  were  substantially 
correct;  and  accepted  the  issue  made  thereupon  as  to  whether  they 
are  "decent  and  becoming  the  President  of  the  United  States,  and 
do  not  tend  to  bring  the  office  into  ridicule  and  disgrace." 

After  having  commented  upon  the  eleventh  and  closing  article, 
l^hich  charges  the  President  with  having  denied  the  authority  of 


176 


IMPEACHMENT  TRIAL  OF  ANDREW  JOHNSON. 


the  Thirty-ninth  Congress,  except  so  far  as  its  acts  were  approved 
by  him,  Mr.  Butler  summed  up  the  purport  of  the  articles  of  im- 
peachment in  these  words: 

"  The  acts  set  out  in  the  first  eight  articles  are  but  the  culmina- 
tion of  a  series  of  wrongs,  malfeasances,  and  usurpations  commit- 
ted by  the  respondent,  and,  therefore,  need  to  be  examined  in  the 
light  of  his  precedent  and  concomitant  acts  to  grasp  their  scope  ancj 
design.  The  last  three  articles  presented  show  the  perversity  and 
malignity  with  which  he  acted,  so  that  the  man  as  he  is  known  may 
be  clearly  spread  upon  record,  to  be  seen  and  known  of  all  men 
hereafter  We  have  presented  the  facts  in  the  con- 
stitutional manner;  we  have  brought  the  criminal  to  your  bar,  and 
demand  judgment  for  his  so  great  crimes." 

The  remainder  of  Monday,  and  a  portion  of  the  following  day, 
were  devoted  to  the  presentation  of  documentary  evidence  as  to  the 
proceedings  involved  in  the  order  for  the  removal  of  Mr.  Stanton 
and  the  appointment  of  General  Thomas.  The  prosecution  then  in- 
troduced witnesses  to  testify  to  the  interviews  between  Mr,  Stanton 
and  General  Thomas.  They  then  brought  forward  a  witness  to 
show  that  General  Thomas  had  avowed  his  determination  to  take 
forcible  possession  of  the  War  Office,  To  this  Mr.  Stanbery,  for  the 
defense,  objected.  The  Chief  Justice  decided  the  testimony  to  be 
admissible.  Thereupon  Senator  Drake  took  exception  to  the  ruling, 
on  the  ground  that  this  question  should  be  decided  by  the  Senate — 
not  by  the  presiding  officer.  The  Chief  Justice  averred  that,  in  his 
judgment,  it  was  his  duty  to  decide,  in  the  first  instance,  upon  any 
question  of  evidence,  and  then,  if  any  Senator  desired,  to  submit 
the  decision  to  the  Senate.  Upon  this  objection  and  appeal  arose 
the  first  conflict  in  the  Senate  as  to  the  powers  of  its  presiding 
officer.  Mr.  Butler  argued  at  length  in  favor  of  the  exception.  Al- 
bough,  in  this  case,  the  decision  was  in  favor  of  the  prosecution, 
le  objected  to  the  power  of  the  presiding  officer  to  make  it.  This 
point  was  argued  at  length  by  the  managers  for  the  impeachment, 
who  denied  the  right  of  the  Chief  Justice  to  make  siitjh  decision.  It 
was  then  moved  that  the  Senate  retire  for  private  consultation  on 
this  point.  There  was  a  tie  vote — 25  ayes  and  25  nays.  The  Chief 
Justice  gave  his  casting  vote  in  favor  of  the  motion  for  consulta- 
tion. The  Senate,  by  a  vote  of  31  to  19,  sustained  the  Chief  Justice, 
deciding  that  "  the  presiding  officer  may  rule  on  all  questions  of 
evidence  and  on  incidental  questions,  which  decision  will  stand  as 
the  judgment  of  the  Senate  for  decision,  or  he  may,  at  his  option  in 
the  first  instance,  submit  any  such  question  to  a  vote  of  the  mem- 
bers of  the  Senate."  In  the  further  progress  of  the  trial  the  Chief 
Justice,  in  most  important  cases,  submitted  the  question  directly  to 
the  Senate,  without  himself  giving  any  decision.  Next  morning 
(April  1)  Mr.  Sumner  offered  a  resolution  to  the  effect  that  the 
Chief  Justice,  in  giving  a  casting  vote,  "  acted  without  authority 
of  the  Constitution  of  the  United  States."    This  was  negatived  by 


mPEACHMEXT  TRIAL  OF  AXDEEW  JOHXSOX. 


177 


B  vote  of  27  to  21,  tlm?  deciding  that  the  presiding  officer  had  the 
right  to  give  a  casting  vote.  The  witness  (Mr.  Burleigh,  delegate 
from  Dakotah  ),  who  hud  been  called  to  prove  declarations  of  General 
Thomas,  was  tht.-n  uskcd  whether,  at  an  interview  between  them, 
General  Thomas  had  said  any  thing  as  ''to  the  means  by  which  he 
intended  to  obtain,  or  was  directed  by  the  President  to  obtain,  pos- 
Bcssiou  of  the  War  I'epartment."  To  this  question  Mr.  Stanbery 
objected,  on  the  ground  that  any  statements  made  by  General 
Ti'iomas  could  not  be  used  as  evidence  against  the  President. 
Me.ssrs.  iSiitler  and  Bingham  argued  that  the  testimony  was  admis- 
giblv.  on  the  ground  that  there  was,  as  charged,  a  conspiracy  be- 
tween the  President  and  Geiieral  Thomas,  and  that  the  acts  of  one 
couspiraior  were  binding  upon  the  ciher;  and,  also,  that  in  these 
acts  General  Thomas  was  the  agent  of  the  President.  The  Senate, 
by  to  11,  decided  that  the  question  was  admissible.  Mr.  Biir- 
leigh  thereupon  testitied  substantially  that  General  Thomas  in- 
formed him  that  he  had  been  directed  by  the  President  to  take 
possession  of  the  War  Department;  that  he  was  bound  to  obey  his 
superior  of&cer;  that,  if  Mr.  Stanton  objected,  he  should  use  force, 
and  if  he  bohed  the  doors  they  would  be  broken  down.  The  wit- 
ness was  then  asked  whether  he  had  heard  General  Thomas  make 
any  statement  to  the  clerks  of  the  War  Office,  to  the  etfect  that, 
when  he  came  into  control,  he  would  relax  or  rescind  the  rules  of 
Mr.  Stanton.  To  this  question  objection  was  made  by  the  counsel 
of  the  President  on  the  ground  of  in  elevancy.  The  Chief  Justice 
was  of  opinion  that  the  question  was  not  admissible,  but,  if  any 
Senator  demanded,  he  would  submit  to  the  Senate  whether  it  should 
be  asked.  The  demand  having  been  made,  the  Senate,  by  a  vote  of 
28  to  22,  allowed  the  question  to  be  put,  whereupon  Mr.  Burleigh 
testified  that  General  Thomas,  in  his  presence,  culled  before  him 
the  heads  of  the  divisions,  and  told  them  that  the  rules  laid  down 
by  Mr.  Stanton  were  arbitrary,  and  that  he  should  relax  them — 
that  he  should  not  hold  them  strictly  to  their  letters  of  instruction, 
but  should  cunsider  them  as  gentlemen  who  would  do  their  duty — 
that  they  could  come  in  or  go  out  when  they  chose.  Mr.  Burleigh 
further  testified  that,  subsequently,  General  Thomas  had  said  to 
him  that  the  only  thing  which  prevented  him  from  taking  posses- 
sion of  the  War  Department  was  his  arrest  by  the  United  States 
marshal.  Other  witnesses  were  called  to  prove  the  declarations 
of  General  Thomas.  Mr.  Wilkesou  testified  that  General  Thomas 
isaid  to  him  that  he  should  demand  possession  of  the  War  Depart- 
ment, and,  in  case  Mr.  Stanton  should  refuse  to  give  it  up,  he 
should  call  upon  General  Grant  for  a  sufficient  force  to  enable  him 
to  do  so,  and  he  did  not  .--ee  how  this  could  be  refused.  Mr.  Rar- 
sener,  of  Delaware,  testified  that  he  saw  General  Thomas  at  the 
President  s  house,  told  him  that  Delaware,  of  which  State  General 
Thomas  is  a  citizen,  expected  him  to  stand  firm;  to  which  General 
Ihomas  replied  that  he  was  standing  firm,  that  he  would  not  dis- 


178 


IMPEACHMENT  TKIAL  OF  ANDREW  JOHNSON. 


appoint  his  friends,  but  that,  in  a  few  days,  he  would  "kick  that 
teilow  out,"  meaning,  as  tlie  witness  supposed,  Mr.  Stanton. 
^  Thursday,  April  '2d. — Various  witnesses  were  introduced  to  tes- 
tify to  the  occurrences  when  General  Thomas  demanded  possession 
of  the  War  Department.  After  this  General  Emory  was  called  to 
testify  to  the  transactions  which  form  the  ground  of  the  ninth  arti- 
cle of  impeachment.  His  testimony  was  to  the  effect  that  the 
President,  on  the  22d  of  February,  requested  him  to  call;  that,  upon 
so  doing,  the  President  asked  respecting  any  changes  that  had  been 
piade  in  the  disposition  of  the  troops  around  Washington;  that  ho 
informed  the  President  that  no  important  changes  had  been  made, 
Mud  that  none  could  be  made  without  an  order  from  General  Grant, 
as  provided  for  in  an  order  founded  upon  a  law  sanctioned  by  the 
President.  The  President  said  that  this  law  was  unconstitutional. 
Emory  replied  that  the  President  had  approved  of  it,  and  that  it 
was  not  the  prerogative  of  the  officers  of  the  army  to  decide  upon 
the  constitutionality  of  a  law,  and  in  that  opinion  he  was  justified 
by  the  opinion  of  eminent  counsel,  and  thereupon  the  conversation 
ended. 

The  prosecution  then  endeavored  to  introduce  testimony  as  to  the 
appointment  of  Mr.  Edmund  Cooper,  the  Private  Secretary  of  the 
President,  as  Assistant  Secretary  of  the  Treasury,  in  support  of  the 
eighth  and  eleventh  articles  of  impeachment,  which  charge  the 
President  with  an  unlawful  attempt  to  control  the  disposition  of 
certain  public  funds.  This  testimony,  by  a  vote  of  27  to  22,  was 
ruled  out. 

The  prosecution  now,  in  support  of  the  tenth  and  eleventh  arti- 
cles of  impeachment,  charging  the  President  with  endeavoring  to 
"set  aside  the  inghtful  authority  of  Congress,''  offered  a  telegraphic 
dispatch  from  the  President  to  Mr.  Parsons,  at  that  time  (January 
17,  1867)  Provisional  Governor  of  Alabama,  of  which  the  following 
is  the  essential  part: 

"I  do  not  believe  the  people  of  the  whole  country  will  sustain 
any  set  of  individuals  in  the  attempt  to  change  the  whole  charac- 
ter of  our  Government  by  enabling  acts  in  this  way.  I  believe,  on 
the  contrary,  that  they  will  eventually  uphold  all  who  have  patri- 
otism and  courage  to  stand  by  the  Constitution,  and  who  place 
their  confidence  in  the  people.  There  should  be  no  faltering  on  the 
part  of  those  who  are  honest  in  their  determination  to  sustain  the 
several  coordinate  departments  of  the  Government  in  accordance 
with  its  original  design." 

The  introduction  of  this  was  objected  to  by  the  counsel  for  the 
President,  but  admitted  by  the  Senate,  the  vote  being  27  to  17.  • 

The  whole  of  Friday,  and  a  great  part  of  Saturday,  (April  3d 
and  4th,)  were  occupied  in  the  examination  of  the  persons  who 
reported  the  various  speeches  of  the  President  which  form  the 
basis  of  the  tenth  article,  the  result  being  that  the  reports  were 
shown  to  be  either  substantially  or  verbally  accurate.  Then,  afteJ 


IMPEACHMENT  TKIAL  OF  ANDREW  JOHNSON.  179 


some  testimony  relating  to  the  forms  in  which  commissions  to 
office  were  made  out,  the  managers  announced  that  the  case  for 
the  prosecution  was  substantially  closed.  The  counsel  for  the 
President  thereupon  asked  that  three  working  days  should  be 
granted  them  to  prepare  for  the  defense.  This,  after  some  discus- 
sion, was  granted  by  the  Senate  by  a  vote  of  37  to  9,  and  the  trial 
was  adjourned  to  Thursday,  April  9th. 

THE  DEFENSE. 

The  opening  speech  for  the  defense,  occupying  the  whole  of 
Thursday,  and  a  part  of  Friday,  was  made  by  Mr.  Curtis.  Re- 
serving, for  a  time,  a  rejoinder  to  Mr.  Butler's  argument  as  to  the 
functions  of  the  Senate  when  sitting  as  a  Court  of  Impeachment, 
Mr.  Curtis  proceeded  to  a  consideration  of  the  articles  of  impeach- 
ment, in  their  order,  his  purpose  being  "to  ascertain,  m  the  first 
place,  what  the  substantial  allegations  in  each  of  them  are,  what 
is  the  legal  proof  and  effect  of  these  allegations,  and  what  proof  is 
necessary  to  be  adduced  in  order  to  sustain  them."  The  speech  is 
substantially  an  elaboration  of  and  argument  for  the  points  em- 
braced in  the  answer  of  the  President.  The  main  stress  of  the  ar- 
gument related  to  the  first  article,  which,  as  stated  by  Mr.  Curtis, 
when  stripped  of  all  technical  language,  amounts  exactly  to  these 
things : 

"  First.  That  the  order  set  out  in  the  article  for  the  removal  of 
Mr.  Stanton,  if  executed,  would  have  been  a  violation  of  the  Ten- 
ure-of-Office  Act. 

"  Second.  That  it  was  a  violation  of  the  Tenure-of-Office  Act. 

"  Third.  That  it  was  an  intentional  violation  of  the  Tenure-of- 
Office  Act. 

"  Fourth.  That  it  was  in  violation  of  the  Constitution  of  the 
United  States. 

"  Fifth.  That  it  was  intended  by  the  President  to  be  so. 

"Or,  to  draw  all  these  into  one  sentence,  which  I  hope  may  be 
intelligible  and  clear  enough,  I  suppose  the  substance  of  this  first 
article  is  that  the  order  for  the  removal  of  Mr.  Stanton  was,  and 
was  intended  to  be,  a  violation  of  the  Constitution  of  the  United 
States.  These  are  the  allegations  which  it  is  necessary  for  the 
honorable  managers  to  make  out  in  order  to  support  that  article." 

Mr.  Curtis  proceeded  to  argue  that  the  case  of  Mr.  Stanton  did 
not  come  within  the  provisions  of  the  Tenure-of-Office  Act,  being 
expressly  excepted  by  the  proviso  that  Cabinet  officers  should  hold 
their  places  during  the  term  of  the  President  by  whom  they  were 
appointed,  and  for  one  month  thereafter,  unless  removed  by  the 
consent  of  the  Senate.  Mr.  Stanton  was  appointed  by  Mr.  Lin- 
coln, whose  term  ot  office  came  to  an  end  by  his  death.  He  ar- 
gued at  length  against  the  proposition  that  Mr.  Johnson  waa 
aaerely  serving  out  the  remainder  of  Mr.  Lincoln's  term.  The 


180         mPEACHMENT  TRIAL  OF  ANDEEW  JOHNSON. 


object  of  this  exception,  he  said,  was  evident.  The  Cabinet  officers 
were  to  be  "  the  immediate  confidential  assistants  of  the  President 
for  whose  acts  he  was  to  be  responsible,  and  in  whom  he  was  ex- 
pected to  repose  the  gravest  honor,  trust,  and  confidence;  therefore 
It  was  that  this  act  has  connected  the  tenure  of  office  of  these  offi- 
cers with  that  of  the  President  by  whom  they  were  appointed." 
Mr.  Curtis  gave  a  new  interpretation  to  that  clause  in  the  Consti- 
tution which  prescribes  that  the  President  "may  require  the  opin- 
ion, m  writing,  of  the  principal  officer  in  each  of  the  executive 
departments  upon  any  subject  relating  to  the  duties  of  their  several 
offices."  He  understood  that  the  word  "their"  included  the  Presi- 
dent, so  that  he  might  call  upon  Cabinet  officers  for  advice  "  relat- 
ing to  the  duties  of  the  office  of  these  principal  officers,  or  relating 
to  the  duties  of  the  President  himself."  This,  at  least,  he  affirmed, 
had  been  the  practical  interpretation  put  upon  this  clause  from  the 
beginning.  To  confirm  his  position  as  to  the  intent  of  the  Tenure- 
of-Office  Act  in  this  respect,  Mr.  Curtis  quoted  from  speeches  made 
m  both  houses  at  the  time  when  the  act  was  passed.  Thus,  Sena- 
tor Sherman  said  that  the  act,  as  passed — 

"Would  not  prevent  the  present  President  from  removing  the 
Secretary  of  War,  the  Secretary  of  the  Navy,  or  the  Secretary  of 
State;  and,  if  I  supposed  that  either  of  these  gentlemen  was  so 
wanting  in  manhood,  in  honor,  as  to  hold  his  place  after  the  politest 
intimation  from  the  President  of  the  United  States  that  his  services 
were  no  longer  needed,  I  certainly,  as  a  Senator,  would  consent  to 
his  removal  at  any  time,  and  so  would  we  all." 

Mr.  Curtis  proceeded  to  argue  that  there  was  really  no  removal 
of  Mr.  Stanton;  he  still  held  his  place,  and  so  there  was  "no  case 
of  removal  within  the  statute,  and,  therefore,  no  case  of  violation 
by  removal."  But,  if  the  Senate  should  hold  that  the  order  for  re- 
moval was,  in  effect,  a  removal,  then,  unless  the  Tenure-of-Office 
Act  gave  Mr.  Stanton  a  tenure  of  office,  this  removal  would  not 
have  been  contrary  to  the  provisions  of  this  act.  He  proceeded  to 
argue  that  there  was  room  for  grave  doubt  whether  Mr.  Stanton's 
case  came  within  the  provisions  of  the  Tenure-of-Office  Act,  and 
that  the  President,  upon  due  consideration,  and  having  taken  the 
best  advice  within  his  power,  considering  that  it  did  not,  and  act- 
ing accordingly,  did  not,  even  if  he  was  mistaken,  commit  an  act 
"so  willful  and  wrong  that  it  can  be  justly  and  properly,  and  for 
the  purposes  of  this  prosecution,  termed  a  high  misdemeanor."  He 
argued  at  length  that  the  view  of  the  President  was  the  correct  one, 
and  that  "the  Senate  had  nothing  whatever  to  do  with  the  removal 
of  Mr.  Stanton,  whether  the  Senate  was  in  session  or  not." 

Mr.  Curtis  then  went  on  to  urge  that  the  President,  being  sworn 
to  take  care  that  the  laws  be  faithfully  executed,  must  carry  out 
any  law,  even  though  passed  over  his  veto,  except  in  cases  where  a 
law  which  he  believed  to  be  unconstitutional  has  cut  off  a  power 
confided  to  him,  and  in  regard  to  which  he  alone  could  make  an 


IMPEACHMENT  TRIAL  OF  ANDREW  JOHNSON. 


181 


issue  whicli  would  bring  tiie  matter  before  a  court,  so  as  to  cause 
"a  judicial  decision  to  come  between  the  two  branches  of  the  Gov- 
ernment, to  see  which  of  them  is  right."  This,  said  he,  is  what 
the  President  has  done.  This  argument,  in  effect,  was  an  answer 
to  the  first  eight  articles  of  impeachment. 

The  ninth  article,  charging  the  President  with  endeavoring  to 
induce  General  Emory  to  violate  the  law  by  receiving  orders 
directly  from  him,  was  very  briefly  touched  upon,  it  being  main- 
tained that,  as  shown  by  the  evidence,  the  reason  why  the  Presi- 
dent sent  for  General  Emory  was  not  that  he  might  endeavor  to 
seduce  that  distinguished  officer  from  his  allegiance  to  the  laws 
and  Constitution  of  his  country,  but  because  he  wished  to  obtain 
information  about  military  movements  which  might  require  his 
personal  attention." 

A?  to  the  tenth  article,  based  upon  the  President's  speeches,  it 
was  averred  that  they  were  in  no  way  in  violation  of  the  Consti- 
tution, or  of  any  law  existing  at  the  time  when  they  were  made, 
apd  were  not,  therefore,  impeachable  offenses. 

The  reply  to  the  eleventh  article  was  very  brief.  The  managers 
bad  "compounded  it  of  the  materials  which  they  had  previously 
worked  up  into  others,"  and  it  "  contained  nothing  new  that 
needed  notice."   Mr.  Curtis  concluded  his  speech  by  saying  that — 

"This  trial  is  and  will  be  the  most  conspicuous  instance  that 
has  ever  been,  or  even  can  be  expected  to  be  found,  of  American 
justice  or  of  American  injustice;  of  that  justice  which  is  the  great 
policy  of  all  civilized  States:  of  that  injustice  which  is  certain  to 
be  condemned,  which  makes  even  the  wisest  mau  mad,  and  which, 
in  the  fixed  and  unalterable  order  of  God's  providence,  is  sure  to 
return  and  plague  the  inventor." 

At  the  close  of  this  opening  speech  for  the  defense,  General 
Lorenzo  Thomas  was  brought  forward  as  a  witness.  His  testi- 
mony, elicited  upon  examination  and  cross-examination,  was  to 
the  effect  that,  having  received  the  order  appointing  him  Secre- 
tary of  War  ad  interim^  he  presented  it  to  Mr.  Stanton,  who  asked, 
"  bo  you  wish  me  to  vacate  the  office  at  once,  or  will  you  give  me 
«ime  to  get  my  private  property  together?"  to  which  Thomas  re- 
plied, "Act  your  pleasure."  Afterward  Stanton  said,  "I  don't 
know  whether  I  will  obey  your  instructions."  Subsequently 
Thomas  said  that  he  should  issue  orders  as  Secretary  of  War. 
S;anton  said  he  should  not  do  so,  and  afterward  gave  him  a  writ- 
ten direction,  not  to  issue  any  order  except  as  Adjutant-General. 
L*uritig  the  examination  of  General  Thomas  a  question  came  up 
which,  in  many  ways,  recurred  upon  the  trial.  He  was  asked  to 
tell  what  occurred  at  an  interview  between  himself  and  the  Pres- 
ident. Objection  was  made  by  Mr.  Butler,  and  the  point  was  ar- 
gued. The  question  was  submitted  to  the  Senate,  which  decided, 
by  a  vote  of  42  to  10,  that  it  was  admissible.  The  testimony  of 
General  Thomas,  from  this  point,  took  a  wide  range,  and,  being 


1.82         IMPEACHMENT  TRIAL  OF  ANDKEW  JOHNSON. 


mainly  given  in  response  to  questions  of  counsel,  was,  apparently, 
somewhat  contradictory.  The  substance  was  that  he  was  recog- 
nized by  the  President  as  Secretary  of  War;  that,  since  the  im- 
peachment, he  had  acted  as  such  only  in  attending  Cabinet 
meetings,  but  had  given  no  orders;  that,  when  he  reported  to  the 
President  that  Mr.  Stanton  would  not  vacate  the  War  Department, 
the  President  directed  him  to  ''take  possession  of  the  office;"  that, 
without  orders  frcm  the  President,  he  had  intended  to  do  this  by 
force,  if  necessary;  that,  finding  that  this  course  might  involve 
bloodshed,  he  had  abandoned  this  purpose,  but  that,  after  this,  he 
had,  in  several  cases,  affirmed  his  purpose  to  do  so,  but  that  these 
declarations  were  "merely  boast  and  brag."  On  the  following  day 
General  Thomas  was  recalled  as  a  witness,  to  enable  him  to  correct 
certain  points  in  his  testimony.  The  first  was  the  date  of  an  un- 
important transaction;  he  had  given  it  as  taking  place  on  the  21st 
of  February,  whereas  it  should  have  been  the  22d.  The  second  was 
that  the  words  of  the  President  were  that  he  should  "take  charge," 
not  "take  possession"  of  the  War  Department.  In  explanation  of 
the  fact  that  he  had  repeatedly  sworn  to  the  words  "take  posses- 
sion," he  said 'that  these  were  "put  into  his  mouth."  Finally,  Gen- 
eral Thomas,  in  reply  to  a  direct  question  from  Mr.  Butler,  said  that 
his  testimony  on  these  points  was  "all  wrong." 

Lieutenant-General  Sherman  was  then  called  as  a  witness.  After 
eome  unimportant  questions,  he  was  asked  in  reference  to  an  inter- 
view between  himself  and  the  President  which  took  place  on  the 
14t.h  of  January:  "At  that  interview  what  conversation  took  place 
between  the  President  and  you  in  reference  to  the  removal  of  Mr. 
Stanton?"  To  this  question  objection  was  made  by  Mr.  Butler,  and 
the  point  was  elaborately  argued.  The  Chief  Justice  decided  that 
the  question  was  admissible  within  the  vote  of  the  Senate  of  the 
previous  day ;  the  question  then  was  as  to  the  admissibility  of  evi- 
dence as  to  a  conversation  between  the  President  and  General 
Thomas;  the  present  question  was  as  to  a  conversation  between 
the  President  and  General  Sherman.  "  Both  questions,"  said  the 
Chief  Justice,  "  are  asked  for  the  purpose  of  procuring  the  intent 
of  the  President  in  the  attempt  to  remove  Mr.  Stanton."  The  ques- 
tion being  submitted  to  the  Senate,  it  was  decided,  by  a  vote  of  28 
to  23,  that  it  should  not  be  admitted.  The  examination  of  General 
Sherman  was  continued,  the  question  of  the  conversation  aforesaid 
being  frequently  brought  forward,  and  as  often  ruled  out  by  the 
Senate.  The  only  important  fact  elicited  was  that  the  President 
had  twice,  on  the  25th  and  30th  of  January,  tendered  to  General 
Sherman  the  office  of  Secretary  of  War  ad  interim. 

On  Monday,  April  13th,  after  transactions  of  minor  importance, 
the  general  matter  of  the  conversations  between  the  President  and 
General  Sherman  again  came  up,  upon  a  question  propounded  by 
Senator  Johnson — "When  the  President  tendered  to  you  the  office 
of  Secretary  of  War  ad  interim^  did  he,  at  the  very  time  of  making 


IMPEACHMEXT  TRIAL  OF  ANDREW  JOHXSON.  183 


such  tender,  state  to  you  what  his  purpose  in  so  doing  was?"  Thig 
was  admitted  by  the  Senate,  by  a  vote  of  26  to  22.  Senator  John- 
son then  added  to  his  question,  "If  he  did,  what  did  he  state  his 
purpose  was?"  This  was  admitted,  by  a  vote  of  25  to  26.  The  tes- 
timony of  General  Sherman,  relating\o  several  interviews,  was  to 
the  effect  that  the  President  said  that  the  relations  between  him- 
self and  Mr.  Stanton  were  such  that  he  could  not  execute  the  office 
of  President  without  making  provision  to  appoint  a  Secretary  of 
War  ad  interim,  and  he  offered  that  office  to  him  (General  Sherman), 
but  did  not  state  that  his  purpose  was  to  bring  the  matter  directly 
into  the  courts.  Sherman  said  that,  if  Mr.  Stanton  would  retire, 
he  might,  although  against  his  own  wishes,  undertake  to  adminis- 
ter the  office  ad  intemn,  but  asked  what  would  be  done  in  case  Mr. 
Stanton  would  not  yield.  To  this  the  President  replied,  "He  will 
make  no  opposition;  you  present  the  order,  and  he  will  retire.  I 
know  him  better  than  you  do;  he  is  cowardly."  General  Sherman 
asked  time  for  reflection,  and  then  gave  a  written  answer,  declin- 
ing to  accept  the  appointment,  but  stated  that  his  reasons  were 
mostly  of  a  personal  nature. 

On  the  14th  the  Senate  adjourned,  on  account  of  the  sudden  ill- 
ness of  Mr.  Stanbery.  It  re-assembled  on  the  15th,  but  the  proceed- 
ings touched  wholly  upon  formal  points  of  procedure  and  the 
introduction  of  unimportant  documentary  evidence.  On  the  16th 
Mr.  Sumner  moved  that  all  evidence  not  trivial  or  obviously  irrel- 
evant shall  be  admitted,  the  Senate  to  judge  of  its  value.  This  was 
negatived  by  a  vote  of  23  to  11. 

The  17th  was  mainly  taken  up  by  testimony  as  to  the  reliability 
Df  the  reports  of  the  President's  speeches.  Mr.  Welles,  Secretary 
of  the  Navy,  was  then  called  to  testify  to  certain  proceedings  in 
Cabinet  Council  at  the  time  of  the  appointment  of  General  Thomas. 
This  was  objected  to.  The  Ci^ef  Justice  decided  that  it  was  ad- 
missible, and  his  decision  w^as  sustained  by  a  vote  of  26  to  23  The 
defense  then  endeavored  to  introduce  several  members  of  the  Cab- 
inet, to  show  that,  at  meetings  previous  to  the  removal  of  Mr. 
Stanton,  it  was  considered  whether  it  was  not  desirable  to  obtain  a 
judicial  determination  of  the  unconstitutionality  of  the  Tenure-of- 
Office  Act.  This  question  was  raised  in  several  shapes,  and  its  ad- 
mission, after  thorough  argument  on  both  sides,  as  often  refused,  in 
the  last  instance  by  a  decisive  vote  of  30  to  19.  The  defense  con- 
sidered this  testimony  of  the  utmost  importance,  as  going  to  show 
that  the  President  had  acted  upon  the  counsel  of  his  constitutional 
advisers,  while  the  prosecution  claimed  that  he  could  not  plead  in 
justification  of  a  violation  of  the  law  that  he  had  been  advised  bv 
his  cabinet,  or  any  one  else,  that  the  law  was  unconstirutional.  His 
duty  was  to  execute  the  laws,  and,  if  he  failed  to  do  this,  or  vio- 
lated them,  he  did  so  at  his  own  risk  of  the  consequences.  With 
the  refusal  of  this  testimony,  the  case,  except  the  final  summinga 
ap  and  the  verdict  of  the  Senate,  was  virtually  closed. 


184 


IMPEACHMENT  TBIAL  OE  ANDREW  JOHNSON. 


The  case  had  been  so  fully  set  forth  in  the  opening  speeches  of 
Messrs.  Butler  and  Curtis,  and  in  the  arguments  which  came  up 
upon  points  of  testimony,  that  there  reiriained  little  for  the  other 
counsel  except  to  restate  what  had  before  been  said. 

After  the  evidence  had  been  closed  the  case  was  summed  up,  on 
the  part  of  the  managers  by  Messrs.  Boutwell,  Williams,  Stevens, 
and  Bingham  in  oral  arguments,  and  Mr.  Logan,  who  filed  a  writ- 
ten argument,  and  on  the  part  of  the  President  by  Messrs.  Nelson, 
Groesbeck,  Stanbery,  and  Evarts.  Many  of  these  speeches  were 
distinguished  by  great  brilliancy  and  power,  but,  as  no  new  points 
were  presented,  we  omit  any  summary. 

The  Court  decided  to  take  a  vote  upon  the  articles  on  Tuesday, 
the  12th  of  May,  at  12  o'clock,  M.  A  secret  session  was  held  on 
Monday,  during  which  several  Senators  made  short  speeches,  giv- 
ing the  grounds  upon  which  they  expected  to  cast  their  votes.  On. 
Tuesday  the  Court  agreed  to  postpone  the  vote  until  Saturday,  the 
16th.  Upon  that  day,  at  12  o'clock,  a  vote  was  taken  upon  the  elev- 
enth article,  it  having  been  determined  to  vote  on  that  article  first. 
The  vote  resulted  in  35  votes  for  conviction,  and  19  for  acquittal. 

The  question  being  put  to  each  Senator,  "How  say  you,  is  the  re- 
spondent, Andrew  Johnson,  President  of  the  United  States,  guilty 
or  not  guilty  of  a  high  misdemeanor  as  charged  in  the  article?" — 
those  who  responded  guilty  were  Senators  Anthony,  Cameron,  Cat- 
tell,  Chandler,  Cole,  Conkling,  Conness,  Corbett,  Cragin,  Drake, 
Edmunds,  Ferry,  Frelinghuysen,  Harlan,  Howard,  Howe,  Morgan, 
Morrill,  of  Vermont,  Morrill,  of  Maine,  0.  P.  Morton,  Nye,  Patter- 
son, N.  H.  Pomeroy,  Sherman,  Sprague,  Stewart,  Sumner,  Thayer, 
Tipton,  Wade,  Willey,  Williams,  Wilson,  and  Yates. 

Those  who  responded  not  guilty  were  Senators  Bayard,  Buckalew, 
Davis,  Dixon,  Doolittle,  Fessenden,  Fowler,  Grimes,  Henderson,  Hen- 
dricks, Johnson,  M'Creery,  Norton,  Patterson,  of  Tennessee,  Ross, 
Saulsbury,  Trumbull,  Van  Winkle,  and  Vickers. 

The  Constitution  requiring  a  vote  of  two-thirds  to  convict,  the 
President  was  acquitted  on  this  article.  After  taking  this  vote  the 
Court  adjourned  until  Tuesday,  May  26th,  when  votes  were  taken 
upon  the  second  and  third  articles,  with  precisely  the  same  result 
as  on  the  eleventh,  the  vote  in  each  case  standing  35  for  conviction 
and  19  for  acquittal.  A  verdict  of  acquittal  on  the  second,  third, 
and  eleventh  articles  was  then  ordered  to  be  entered  on  the  record, 
and,  without  voting  on  the  other  articles,  the  Court  adjourned  sim 
die.    So  the  trial  was  ended,  and  the  President  acquitted. 


CHRONOLOGICAL  RECORD 

OF  THB 

CEJ^TURY  OF  mCEPEI^DEI^OE. 


riKST  PERIOD: 

FROM  DISCOVERY  OF  AMERICA  TO  AMERICAN  REVOLUTION 

1492.  San  Salvador,  the  first  land  discovered  in  America  by 

Christopher  Columbus,  Oct.  12;  Cuba,  Oct  27;  His- 
paniola,  Dec.  6. 

1493.  A  Spanish  Colony  at  TTispaniola. 
Second  voyage  of  Columbus. 

1495.  May  3. — Jamaica  discovered  by  Columbus. 

1496.  Sebastian  Cabot  discovers  Newfoundland  for  Henry  YII. 

of  England,  and  by  him  called  Prima  Vista. 
Third  voyage  of  Columbus. 
1498.    The  eastern  coast  of  Xorth  America  found  by  Americus 

Vespucius,  after  whom  America  was  finally  named. 
1502.    The  continent  of  America  discovered  by  Columbus. 
Fourth  voyage  of  Columbus. 

Coast  of  North  America  explored  by  Cortereal,  a  Portu- 
guese. 

1506.  May  15.— Columbus  died  at  Yalladolid. 

1507.  The  New  Vrorld  first  called  America,  after  Amerigo  Yeft" 

pucci,  by  Waldseemuller,  of  Fribourg. 
Board  of  American  Trade  established  at  Seville. 

1508.  The  Spaniards  colonize  Cuba,  Jamaica,  and  Porto  RicO. 
Negro  slaves  imported  into  Hispaniola. 

1510,  Settlement  at  Darien. 

1511.  Cuba  conquered  by  300  Spaniards. 


16 


185 


186  CHEONOLOGICAL  EEOOKD. 

1512.    Florida  discovered  by  Ponce  de  Leon. 
1517.    First  patent  for  importing  negroes  into  America  granted 
by  Spain. 

Mexico  discovered  by  Francisco  Fernandez. 
1521.    Mexico  conquered  by  the  Spanish,  under  Cortez. 
1524.    Verazzanni,  a  I^lorentine  navigator,  in  the  service  of 

France,  explores  the  coast  of  America  from  the  Caroli- 

nas  to  NewfoundLand. 
1527.    The  Bermudas  discovered  by  Juan  Bermudas,  a  Spaniard. 

1534.  James  Car  tier  discovered  the  St.  Lawrence  River,  and 

took  possession  of  the  whole  country  in  the  name  of  the 
King  of  France. 

1535.  The  mint  of  Mexico,  the  richest  in  the  world,  begun. 

1536.  California  discovered  by  Cortez. 

Ferdinand  de  Soto,  with  a  fleet  of  10  vessels  and  a  gay 
company  of  600  men,  land  at  Tampa  Bay  and  com- 
mence their  march  into  the  interior. 

1541.  Mississippi  River  discovered  by  De  Soto, 

1542.  De  Soto  dies,  and  is  buried  in  the  Mississippi  River. 
1553.    New  Mexico  discovered  by  the  Spaniards. 

1564.  Coligny  sends  a  colony  of  Huguenots  to  Florida;  they  are 

destroyed  by  the  Spaniards. 

1565.  St.  Augustine,  Fla.,  settled  by  the  Spaniards. 
1576.    Greenland  visited  by  Frobisher. 

1583.  Tobacco  first  carried  from  Virginia  to  England. 

1584.  Virginia  visited  by  Sir  Walter  Raleigh. 

Miles  Standish  born — a  military  leader  of  the  Pilgrims  in 
New  England.    He  died  in  1656. 

1585.  Davis'  Strait  discovered  by  the  English  navigator  whose 

name  it  bears. 

John  Cotton,  a  learned  divine  of  Boston,  born.  He  died 
in  1652. 

First  English  colony  in  America,  founded  at  Roanoke. 

1587.  John  Winthrop,  Governor  of  the  Colony  of  Massachu- 

setts, born.    Died  in  1649. 

1588.  William  Bradford,  second  Governor  of  Plymouth  Colony, 

born.    Died  in  1657. 
1594.    Edward  Winslow,  Governor  of  Plymouth  Colony,  born. 
Died  in  1643. 

1601.  Roger  Williams  born.    He  founded  Rhode  Island.  Died 

in  1683. 

Acadia  colonized  by  the  French. 

1602.  Cape  Cod  discovered  by  Bartholomew  Gosnold. 

1603.  Martin  Pring,  an  English  navigator,  examines  the  shores 

and  large  rivers  of  Maine,  and  the  coast  as  far  as  Mar- 
tha's Vineyard. 


CHEONOLOGICAL  EECOED. 


187 


1604.  John  Eliot,  "The  Apostle  to  the  Indians,"  born.    Died  in 

1690. 

1605.  Quebec  founded  by  the  French. 

1606.  Martin  Pring  makes  a  second  and  more  accurate  survey 

of  the  coast  of  Maine. 
The  London  and  Plymouth  Companies  receive  Charters. 

1607.  Virginia,  sometimes  called  the  Old  Dominion,  settled  in 

April,  at  Jamestown,  on  the  James  River,  by  the  London 
Company — the  first  vrhite  settlement  in  the  United 
States. 

A  settlement  commenced  at  the  mouth  of  the"  Kennebec 
River,  Maine,  by  the  Plymouth  Company. 

1609.  Sir  John  Sommers  cast  away  on  the  Burmuda  Islands. 
Plot  of  the  Indians  disclosed  by  Pocahontas. 
Hudson's  Bay  discovered  by  Henry  Hudson. 

1610.  The  Virginia  Colony  reduced  from  nearly  500  to  60. 

1613.  Pocahontas  married  to  Mr.  John  Rolf. 

The  Dutch  erect  some  trading  posts  at  the  mouth  of  the 
Hudson  River. 

1614.  New  York  City  founded  by  the  Dutch. 

North  Virginia  called  New  England  by  Prince  Charles. 
24  natives  of  New  England  carried  off  and  sold  by  Hunt. 
Capt.  John  Smith  explores  the  coast  of  New  England. 

1616.  Baffin's  Bay  discovered  by  Wm.  Baffin,  an  Englishman 
Settlement  of  Virginia  by  Walter  Raleigh. 

1617.  Most  of  the  inhabitants  from  Narragansett  to  Penobscot 

swept  away  by  war  and  pestilence. 
]  620.    The  first  negro  slaves  in  the  English  colonies  of  North 
America  were  brought  to  Virginia  in  a  Dutch  vessel- 
of-war. 

Dec.  21  (Dec.  11,  0.  S.).— First  settlement  in  New  Eng- 
land, at  Plymouth,  Mass. 

1621.  A  treaty  made  with  Massasoit. 

1622.  March  27. — Massacre  of  347  Virginians  by  the  Indians. 

1623.  New  Hampshire  settled  at  Little  Harbor  and  Dover. 
Albany,  Capital  of  New  York,  settled  by  the  Dutch,  and 

called  Beaverwyck. 

1624.  New  Jersey  settled. 

1628.  John  Endicott  settles  at  Salem,  Mass. 
Massachusetts  Bay  Colony  founded. 
Charlestowu,  Mass.,  founded. 

1629.  First  church  in  Massachusetts  formed  at  Salem. 
First  permanent  settlement  of  the  Dutch  at  Manhattan. 

1630.  Arrival  of  Governor  Wintlirop  at  Boston,  with  about  1,50C 

emigrants. 

Dorchester,  Roxbury,  and  Cambridge  founded. 


188  GIIKONOLOGICAL  RECORD. 

1631.    First  vessel  built  in  Massachusetts,  called  the  "  Blessing 
of  the  Bay,"  launched  July  4. 
John  Smith,  celebrated  in  Virginia  history,  dies.  Aged 
52  years. 

1633.  Connecticut  settled  at  Windsor  by  Holmes,  from  Mass. 

1634.  Maryland  settled  at  St.  Mary's,  on  the  Potomac,  by  200 

Catholics. 

1635.  The  Say  brook  Colony,  Conn.,  established. 

1636.  Providence,  R.  I.,  settled  by  Roger  Williams. 

1637.  War  with  the  Pequot  Indians — Connecticut. 

First  Synod  at  Newtown,  occasioned  by  Ann  Hutchinson. 

1638.  Delaware  settled  by  the  Swedes,  near  Christian  Creek. 
The  New  Haven  Colony  established. 

Harvard  College,  the  first  college  in  the  United  States,  es- 
tablished at  Cambridge,  Mass.,  by  John  Harvard. 

1639.  Settlements  on  the  Connecticut  united  as  the  Connecticut 

Colony. 

First  printing  in  America,  at  Cambridge,  Mass. 
"The  Freeman's  Oath"  and  an  almanac  printed. 

1640.  Number  of  emigrants  to  America  to  this  date — 20.000. 

1641.  New  Hampshire  united  with  Massachusetts. 

1643.  Confederacy  formed,  under  the  name  of  United  Colonies 

of  New  England,  for  mutual  defense. 

1644.  The  Connecticut  and  Saybrook  Colonies  unite. 
The  second  Indian  massacre  occurs  in  Virginia. 

The  two  settlements  in  Rhode  Island  united  under  the 
name  of  Rhode  Island. 

1645.  Clayborne's  rebellion  in  Maryland. 

1646.  Act  of  Massachusetts  Legislature  for  carrying  the  Gos- 

pel to  the  Indians. 
John  Eliot  preaches  to  the  Indians. 
Second  Synod  of  Massachusetts. 

Thomas  Mayhew,  preacher  to  the  Indians,  Shipwrecked. 

1647.  Epidemic  through  America. 

1650.  North  and  South  Carolina  settled. 

Conversion  of  the  Indians  on  Martha's  Vineyard,  Mass.. 

1651.  The  Navigation  Act  passed  by  the  English  Parliament. 

1652.  Voluntary  submission  of  Maine  to  Massachusetts. 
Gorton  and  Rog^r  Williams  make  a  decree  against  slav- 
ery in  Rhode  Island. 

1655.  Law  in  Massachusetts  requiring  that  "All  hands  not 

necessarily  employed  on  other  occasions,  such  as  women, 
boys,  and  girls,  should  spin  according  to  their  skill  and 
ability." 

A  civil  war  occurs  in  Maryland. 

1656.  Persecution  of  the  Quakers  in  Massachusetts. 


CHEONOLOGICAL  RECORD. 


189 


1656.    Ann  Hibbins,  of  Boston,  executed  for  witchcraft. 

1663.  Carolina  granted  to  Lord  Clarendon  and  seven  other  no- 

blemen of  England  by  Charles  II. 
The  Albemarle  County  Colony  formed. 

1664.  Xew  Netherlands  taken  by  the  English  from  the  Dutch, 

and  named  New  York. 
New  Jersey  granted  to  Lord  Berkely  and  Heo.  Carteret. 
First  settlement  at  Elizabethtown  (now  Elizabeth). 
J,  Eliot's  Indian  Bible,  one  of  the  first  books  printed  in 

America  at  Cambridge. 

1665.  The  Clarendon  County  Colony  established. 

The  Connecticut  and  New  Haven  Colonies  united. 
Six  towns  of  Christian  Indians  in  Massachusetts. 
1667.    The  ceding  of  New  York  to  the  English  confirmed  by  the 
peace  of"  Breda. 

1670.    Bees  first  introduced  into  New  England  by  the  English. 
South  Carolina  settled,  on  the  Ashley  River. 
Conclusion  of  the  American  Treaty  between  England  and 
Spain. 

1672.  White  slaves  bought  in  England,  and  brought  to  Vir- 

ginia. Average  price  for  five  years'  service,  £5  ;  while 
a  negro  was  worth  £25, 

1673.  Virginia  ceded  to  Culpepper  and  Arlington. 

1675.  War  with  Philip,  King  of  the  Wampanoags,  in  New 

England. 
Indian  War  in  Virginia. 

1676.  King  Philip  killed,  and  his  tribe  destroyed. 
Bacon's  rebellion  breaks  out  in  Virginia. 
Jamestown  burned. 

1677.  Virginia  becomes  a  proprietary  Government,  with  Cul- 

pepper as  Governor. 

1679.  New  Hampshire  made  a  royal  province  (first  time). 

1680.  Settlement  begun  at  Charleston,  S.  C. 

1681.  Pennsylvania  granted  by  James  II,  to  William  Penn. 

1682.  Philadelphia  founded  by  William  Penn, 

The  Duke  of  York  grants  Delaware  to  William  Penn. 

1686.  Sir  Edmund  Andros  appointed  Royal  Governor  of  New 

England. 

1687.  The  Connecticut  Charter  hid  in  the  "  Charter  Oak." 

1688.  New  York  and  New  Jersey  added  to  the  jurisdiction  of 

New  England. 
War  with  the  Indians  in  New  England,  which  continued 
several  years. 

1689.  King  William's  war  commenced,  and  continued  8  years. 

1690.  Port  Royal  captured  by  the  English,  under  Sir  Wm. 

Phipps. 


190 


CHRONOLOGICAL  EECORD. 


1690.    An  expedition  against  Canada  unsuccessful. 

English  settlements  of  Schenectady,  N.  Y.  ;  Casco,  Me. ; 
and  Salmon  Falls,  N.  H.,  destroyed  by  the  French. 
1693.    The  Salem  witchcraft  delusion  prevailed. 

William  and  Mary's  College,  the  second  in  the  United 

.  States,  founded  in  Virginia. 

Episcopacy  introduced  into  New  York. 

1696.  30  Indian  churches  in  New  England. 

1697.  The  Treaty  of  Ryswick  ends  King  William's  war. 
J698.    Number  of  Indians  in  Massachusetts — about  4,000. 
]  700.    Yale  College  founded  at  New  Haven,  Conn. 
1702.    Queen  Anne's  war  begun. 

1704,    Capt.  Church's  expedition  against  the  Indians. 

''Boston  News  Letter" — first  American  periodical. 

1709.  First  paper-money  in  New  Jersey. 

1710.  Port  Royal  captured  a  second  time  by  the  English. 
First  post-office  in  New  York. 

1712.  137  people  in  the  vicinity  of  Roanoke  murdered  by  Tus- 

caroras. 

1713.  The  Treaty  of  Utrecht  ended  Queen  Anne's  war. 
Acadia  (Nova  Scotia)  ceded  to  the  English  by  the  French. 

(Soe  Longfellow's  "Evangeline.") 
1715.    Indian  War  in  South  Carolina. 

The  Tuscaroras  driven  out  of  North  Carolina,  after  3 
years'  war. 

1717.    The  city  of  New  Orleans  founded  by  the  French. 

1719.    First  Philadelphia  newspaper. 

1721.    First  New  York  newspaper. 

1724.    Vermont  settled  by  Massachusetts  colonists. 

Trenton,  N.  J.,  founded. 
1727.    Earthquake  in  New  England. 

1729.    Carolina  separated  into  North  and  South  Carolina. 
Massacre  of  French  at  Fort  Rosalie  (Natchez). 
Baltimore  founded,  and  named  in  honor  of  Lord  Balti- 
more. 

1732.  Feb.  22.— Geo.  Washington  born,  at  Pope's  Creek,  Vir- 

ginia. 

Franklin's  "  Poor  Richard's  Almanac  " — Philadelphia— 
the  first  of  any  note  in  the  United  States. 

1733.  Georgia  settled  by  Gen.  Oglethorpe,  at  Savannah. 

1734.  First  lodge  of  Freemasons  in  America,  at  Boston. 

1735.  Ravages  of  throat  distemper  in  New  Hampshire  and 

Massachusetts. 
1738.    Nassau  Hall  College,  Princeton,  N.  J.,  founded. 

1740.  Tennessee  first  explored. 

1741.  New  Hampshire  becomes  a  separate  royal  province. 


CHEONOLOGICAL  RECORD. 


191 


1744.  King  George's  war  commenced. 

1745.  Louisburg  and  Cape  Breton  taken  by  the  English  from 

the  French. 

1747.  David  Brain ard  and  Benjamin  Coleman  die. 

1748.  Treaty  of  Aix-la-Chapelle  ends  King  George  s  war. 

1753.  Georgia  becomes  a  royal  province. 

Oct.  31. — Washington  sent  with  a  letter  from  Gov.  Din- 
widdle, of  Virginia,  to  the  French. 

1754.  May  28. — Washington   defeats   the  French    at  Great 

Meadows. 

July  4. — Washington  capitulated  at  Fort  Necessity,  with 

permission  to  return  to  Virginia. 
The  Quakers  abolish  slavery  among  themselves. 

1755.  Moncton  expels  the  French  from  Nova  Scotia. 

July  9. — Battle  of  the  Monongahela — Braddock  defeated, 
and  mortally  wounded. 

Sept.  8. — Dieshau  defeats  the  English  near  Lake  George. 
He  is  afterward  defeated,  and  mortally  wounded. 

War  declared  between  England  and  France. 

Aug.  14. — The  French,  under  Montcalm,  capture  Os- 
wego. 

Armstrong  defeats  the  Indians  at  Fort  Kittanning. 

1757.  Aug.  9. — Fort  William  Henry  surrendered  by  W^ebb  to 

Montcalm. 

1758.  July  8. — Abercrombie  repulsed  by  Montcalm  atTiconder- 

oga. 

July  26, — The  English  take  Louisburg. 
Aug.  27. — English,  under  Bradstreet,  capture  Fort  Fron- 
tenac. 

Fort  Du  Quesne  captured  by  the  English. 

1759.  The  English,  under  Johnson,  capture  Fort  Niagara. 

,  July  31. — Wolfe  defeated  at  the  battle  of  Montmorenci. 
Montcalm  defeated  by  Wolfe  on  the  plains  of  Abraham. 
Sept.  13.— Wolfe  killed. 
Sept.  18. — Quebec  surrenders  to  the  English. 

1760.  All  Canada  surrendered  to  the  English. 

1762.  Severest  drought  ever  known  in  America. 

1763.  Feb.  10. — Treaty  of  Paris  ends  the  French  and  Indian 

war. 

1764.  Pontiac's  war  with  the  Indians. 

1765.  Mar.  8. — Parliament  passes  the  Stamp  Act. 
Oct.  7.-r-Colonial  Congress  met  at  New  York. 

1766.  March  18. — Stamp  Act  repealed. 

IT67.    June  29. — Bill  passed  taxing  tea,  glass,  paper,  etc.,  in  the 

American  colonies. 
Expulsion  of  Jesuits  from  Mexico. 


192 


CHRONOLOGICAL  EECOED. 


1768.  Massachusetts  assembly  petition  the  King  against  th* 

late  tax. 

Oct.  1. — A  body  of  British  troops  land  at  Boston. 

1769.  Daniel  Boone  explores  Kentucky. 

1770.  March  5.— Affray,  known  as  the  "Boston  Massacre," 

occurs. 

1771.  May  16.— Battle  of  Almansee.    North  Carolinians  de- 

feated by  Gov.  Tryon. 

1773.  Dec.  16— The  inhabitants  of  Boston  throw  342  chests  of 

the  taxed  tea  into  the  sea. 

1774.  March  31.— The  Boston  Port  Bill  passed  by  Parliament. 
Sept.  5.— The  first  Continental  Congress  meets  at  Phila- 
delphia. 

SECOND  PERIOD: 

FROM  THE  AMERICAN  REVOLUTION  TO  THE  GREAT  RE- 
BELLION. 

1775.  April  19.— The  war  for  American  Independence  com- 

mences with  the  Battle  of  Lexington. 
May  10.— Allen  and  Arnold  capture  Ticonderoga. 
May  25.— Keinforcements  arrive  at  Boston,  under  Howe, 

Burgoyne,  and  Clinton. 
June  15.— Washington  elected  Commander-in-Chief  of  the 

American  army. 
June  17.— Battle  of  Bunker  Hill— Gen.  Warren  killed. 
Sept.  10.— American  forces,  under  Montgomery,  invade 

Canada. 

Nov.  13.— Montreal  surrendered  to  Montgomery. 
?®^'  ^1-— Montgomery  defeated  and  slain  at  Quebec. 

1776.  March  17.— British  troops  evacuate  Boston. 
Boston  occupied  by  Washington. 

June  18.— Evacuation  of  Canada  by  the  Americans. 

June  28.— The  British  repulsed  at  Ft.  Moultrie,  Charleston. 

July  4.— America  is  declared  free,  sovereign,  and  inde- 
pendent"— a  declaration  which  is  signed  by  the  fol- 
lowing States  :  New  Hampshire,  Massachusetts,  Rhode 
Island,  Connecticut,  Delaware,  Maryland,  Virginia 
North  Carolina,  South  Carolina,  New  York,  New  Jer- 
sey, Pennsylvania,  and  Georgia. 

Nov.  16.— Fort  Washington  captured  by  the  English. 

Nov.  28. — Washington  crosses  the  Delaware. 

1777.  April  26.— Gen.  Tryon  burns  the  town  of  Danbury,  Conn 


CHRONOLOGICAL  RECORD. 


193 


1777.  May  23. — Col.  Meigs  destroys  the  British  shipping  at  Sag 

Harbor. 

June_16. — Gen.  Burgoyne  invades  New  York. 
July  5. — Ticonderoga  captured  by  Burgoyne. 
July  10. — Gen.  Prescott,  commander  at'' Long  Island, 
tured. 

July  31.— The  Marquis  de  La  Fayette  joins  the  American 
army. 

Aug.  3. — Fort  Schuyler  besieged  by  St.  Leger. 
Oct.  17. — Burgoyne  surrenders  his  army  to  Gates  at  Sar- 
atoga. 

Nov.  15. — Congress  adopts  a  Federal  Government. 
Dec.  11. — American  army  goes  into  winter  quarters  at 
Valley  Forge. 

Dec.  16.— France  acknowledges  the  independence  of  the 
United  States. 

1778.  Feb.  6. — Trea.ties  of  Amity  and  Commerce  adopted  be- 

tween the  United  States  and  France. 
Nov.  11 — Massacre  at  Cherry  VaUey  by  Tories  and  Li- 
dians. 

Dee.  29. — Campbell  captured  Savannah. 

1779.  May  13.— Siege  of  Charleston,  S.  C. 

Aug.  29.— Gen.  Sullivan  defeats  the  Indians. 
Sept  23. — Paul  Jones  gained  a  victory  off  the  coast  of 
England. 

1780.  May  12.— Lincoln  surrendered  Charleston  to  Clinton. 
Aug.  18.— Arnold  plotted  to  betray  West  Point  to  the 

British. 

Oct.  2.— Maj.  Andre,  a  British  officer,  executed  as  a  spy. 

1781.  Jan.  1. — Pennsylvania  troops  revolt. 
Jan.  18. — New  Jersey  troops  revolt. 

Feb.— Articles  of  Confederation  ratified  by  the  States. 
Oct.  19.— Surrender  of  Cornwallis  at  Yorktown. 

1782.  Oct.  8.— Independence  of  United  States  acknowledo-ed  by 

Holland.  ° 
Nov.  3. — Temporary  Treaty  of  Peace  signed  at  Paris. 

1783.  July  11. — Savannah  evacuated  by  the  British. 
Sept.  3. — Treaty  of  Peace  signed  at  Paris. 

^  Nov.  3. — American  army  disbanded. 
Nov  25.— New  York  evacuated  by  the  British. 
Dec.  19. — Charleston  evacuated  by  the  British. 

23-— 'Washington  resigns  his  commission  to  Congress. 
■  1785.    June  1.— John  Adams,  first  Minister  from  U.  S.  to  London. 

1786.  Nov.— Shay's  insurrection  broke  out  in  Massachusetts. 
Major-General  Greene  died. 

1787.  July  2^).— James  Whittaker,  first  Shaker  preacher,  died 


194 


CHEONOLOGICAI.  KECOED. 


at  Enfield,  Conn.,  aged  36  years.  Born  at  Oldham,  Eng.; 
came  to  this  country  with  the  celebrated  Mother  Ann 
Lee,  in  1774.  Elder  Whittaker  may  be  considered  the 
John  Wesley  of  American  Shakers. 

1787.  First  Colonial  See  of  the  Anglican  Church,  erected  in 

Nova  Scotia. 

Sept  17. — Constitution  of  the  United  States  adopted  by 
all  the  States,  except  Rhode  Island, 

1788.  Cotton  planted  in  Georgia. 

1789.  March  3. — First  Congress,  under  the  new  Constitution, 

meets. 

April  14. — George  Washington  declared  the  first  Presi 

dent  of  the  United  States. 
Ethan  Allen  and  Gen.  Knyphausen  died  this  year. 

1790.  First  census  of  the  United  States  taken — population, 

3,929,326. 
Treaty  concluded  with  the  Creeks. 

The  territory  South  of  the  Ohio  River  ceded  to  the  United 
States. 

Oct.  17.  22. — Indians  defeat  Gen.  Ilarmer,  near  Ft.  Wayne, 
Ind.' 

1791.  First  United  States  Bank  established  at  Philadelphia. 
Nov.  4. — St.  Clair  defeated  by  the  Indians  in  Western  Ohio. 

1792.  United  States  mint  established. 

1793.  March  3. — Washington  again  i«naugurated  President. 
Neutrality  declared  in  regard  to  Prance. 

John  Hancock,  Roger  Sherman,  and  John  Manly,  died 
this  year. 

1794.  Aug.  20. — Gen.  Wayne  defeats  the  Indians  on  the  Maumee. 
Nov.  19. — Commercial  Treaty  concluded  with  Great  Brit- 
ain. 

The  Whisky  Insurrection  in  Pennsylvania. 
Gen.  Sullivan,  Richard  Henry  Lee,  and  Dr.  Witherspoon, 
died. 

1795.  June  24. — Jay's  Treaty  with  Great  Britain  ratified. 

Gen.  Francis  Marion  and  President  Ezra  Stiles,  of  Yale 
College,  died. 

1796.  Death  of  Anthony  Wayne  and  David  Rittenhouse  this  year. 
Washington  resigns. 

1797.  July. — Congress  declares  the  treaties  with  France  an- 

nulled. 

1798.  May. — Congress  passes  an  Act  for  raising  a  regular  army. 
June. — Washington  appointed   Lieutenant-General  and 

Comm^inder-in-Chief. 

1799.  American  navy  consists  of  42  vessels,  with  950  guns. 
Pennsylvania  seat  of  government  removed  to  Lancaster. 


CHRONOLOGICAL  EECOED. 


195 


]  <99.    Dec.  14.— Washiiir'toii  dies  at  Mount  Vernon,  Va. 
J  800.    Aus:. —United  States  seat  of  Government  removed  fronj. 
Philadelphia  to  Washington. 
Treaty  of  Peace  concluded  with  France. 
.1801.    June  10.— Tripoli  declared  war  auainst  the  United  States 
Exports  of  the  United  States— $93,000,000. 

1802.  Louisiana  ceded  to  France  by  Spain. 

Gen.  Daniel  Morgan  died.    Aged  66  years. 

1803.  March  2.— Samuel  Adams,  distinguished  statesman,  died 

Aged  81. 

April  30.— Louisiana  purchased  of  France  for  $15,000,000. 
Commodore  Preble  sent  against  Tripoli. 
United  States  frigate  "Philadelphia"  taken  by  the  Tripol- 
itans. 

1804.  Brown^University,  R  I,  founded. 

Feb.  15.— Decatur  recaptures  and  destroys  the  "Phila- 
delphia." 

Commodore  Preble  bombards  Tripoli. 

April  29.— Eaton  captured  Derne,  a  Tripolitan  city. 

June  3.— Treaty  of  Peace  concluded  with  Tripoli. 

July  11.— Aaron  Burr  kills  Alexander  Hamilton  in  a  duel 

Pennsylvania  Academy  of  Fine  Arts  founded. 

1807.  Jan.  27. — Aaron  Burr  arrested  for  conspiracy. 

June  22.— British  Frigate  "Leopard"  attacks  the  United 

States  frigate  ''Chesapeake." 
July  2.— British  armed  vessels  ordered  to  leave  the  U.  S. 
Dec.  22.— Congress  lays  an  embargo  on  American  ships. 
,  oAo     T      ^^^^^"0"'  of  the  "  Chesapeake,"  suspended  for  5  years. 

1808.  Jan.  1. — The  African  slave-trade  abolished. 

1809.  March  1.— Congress  interdicted  commerce  with  Eno-land 

and  France.  ° 

1811.  May  16 —U.  S.  frigate  "President"  defeats  the  "Little 

Belt." 

Nov.  7.— Gen.  Harrison  defeats  the  Indians  at  Tippecanoe 
Population  of  the  United  States— 7,239,903. 

1812.  Jan.  11.— An  additional  force  of  10,000  men  authorized. 
June  18.— Wa4-  declared  against  Great  Britain. 

July  12.— Gen.  Hull  invades  Canada. 

July  17.— Fcrt  Mackinaw  surrendered  to  the  British. 

Aug.  5. — Americans  defeated  near  Brownstown. 

"  9.— Americans  defeat  the  British  near  Brownstown. 
,  "  16.— Gen.  Hull  surrenders  Detroit  to  Gen.  Brock. 
Sept. — Gen.  Harrison  takes  command  of  the  Northwes^ 
ern  army. 

1813.  Jan._  22.— Gen.  Winchester  defeated  at  Frenchtown. 
April  27. —York  (now  Toronto)  captured  by  the  Amei-icans. 


196 


CHEONOLOGICAL  RECORD. 


1813    May  1 — Ft.  Meigs  besieged  by  the  British — Gen.  Clay 
defeated. 

"    5. — Proctor  defeated  at  Ft.  Meigs  by  Harrison  and 
Clay. 

"  27. — Capture  of  Ft.  George,  Canada,  by  the  Americans. 
"  29. — The  British  repulsed  by  Brown  at  Sackett's 
Harbor. 

Aug.  2. — The  British  repulsed  at  Ft.  Stephenson  by  Maj. 
Croghan. 

"  30. — Creek  war  begins  by  the  massacre  at  Ft.  Mims. 
Oct.  5. — Battle  of  the  Thame* — Proctor  defeated  by  Har- 
rison.   Tecumseh  killed. 

1814.  March  27. — Battle  of  Tohopeka,  which  ended  the  Creek 

war. 

"     30.— The  British  defeat  Gen.  Wilkinson  at  La  CoUe. 
July  3. — Fort  Erie  captured  by  Gen.  Brown. 
Aug.  15. — British  repulsed  at  Fort  Brie. 
"     24. — Gen.  Boss  enters  Washington  and  burns  the 

Capitol. 

Sept.  12. — Battle  of  Baltimore,  or  North  Point. 
"    13. — British  fleet  repulsed  at  Fort  McHenry. 
**    17. — Gen.  Brown  attacks  the  British  works  at  Fort 
Erie. 

Nov.  7. — Gen.  Jackson  drives  the  British  out  of  Pensa- 
cola. 

Dec.  14.— United  States  flotilla  captured  on  Lake  Borgne. 
"     15. — Delegates  to  the  Hartford  Convention  meet. 

They  oppose  the  war. 
Dec.  24. — Treaty  of  Peace  between  the  United  States  and 

England  signed  at  Ghent. 

1815.  Jan.  8. — The  British  defeated  at  New  Orleans. 

March  2. — The  United  States  declared  war  against  Algiers. 
May  21. — Commodore  Decatur  sent  with  a  squadron 
against  Algiers. 

1816.  April  10. — United  States  Bank  chartered  for  20  years. 

1817.  Jan.  1. — United  States  Bank  opened  at  Philadelphia. 
Commencement  of  the  Seminole  war. 

1818.  April. — The  Seminoles  defeated  and  dispersed  by  Gen. 

Jackson. 

1819.  Feb.— Treaty  of  Amity  for  the  cession  of  Florida  to  the 

United  States. 

May. — The  "Savannah" — the  first  steamer  from  New 

York  to  Liverpool. 
Aug.  23. — Commodore  Perry  dies  in  the  West  Indies. 

1820.  March  3. — Missouri  Compromise  passed. 
1822.    Florida  made  a  territory. 


CHRONOLOGICAL  EECORD. 


197 


1824.    Aug,  15 —The  Marquis  de  La  Fayette  visits  the  U.  S. 
1826     Feb.  13. — American  Temperance  Society  instituted  at 
Boston. 

July  4. — Ex-Presidents  John  Adams  and  Thomas  Jeffer- 
son died. 

1830.    May  7.— Treaty  between  the  United  States  and  the  Otto- 
man Porte. 

The  ports  of  the  United  States  again  opened  to  British 
commerce. 

1832.  The  Black  Hawk  war  commences. 
Cholera  in  New  York. 

Kov.  24. — South  Carolina  declares  the  doctrine  of  nullifi- 
cation. 

Gen.  Jackson  issues  his  celebrated  proclamation. 

1833.  March  4. — Andrew  Jackson  commences  his  second  ad- 

ministration. 
Gen.  Santa  Anna  elected  President  of  Mexico. 

1834.  President.  Jackson  censured  by  Congress  for  removing 

Government  deposits. 

1835.  War  with  the  Seminoles  commenced. 
Great  fire  in  New  York. 

1837.  Dec.  25. — Gen.  Taylor  defeats  the  Indians  at  Okeechobee. 

"    28. — Steamer  "Caroline"  burned  by  Canadian  roy- 
alists. 

The  Independence  of  Texas  acknowledged. 

1838.  Rebellion  of  the  "  Sons  of  Liberty,"  in  Canada. 
President  prohibits  American  citizens  aiding  the  Cana- 
dians. 

Nov.  7.— Battle  of  Prescott,  U.  C— the  rebellion  sup- 
pressed. 

National  debt  of  United  States  paid — surplus  revenue  di- 
vided among  the  States. ' 
Mexico  declares  war  against  France. 

1839.  March  9. — Peace  concluded  between  France  and  Mexico. 
Oct.  9. — United  States  Bank  suspends  payment. 
Disturbances  on  the  north-eastern  boundary  of  Maine. 

1841.  Upper  and  Lower  Canada  united  into  one  province. 
April  4.— President  Harrison  dies  and  John  Tyler  suc- 
ceeds him. 

;May  31. — Congresg  meets  in  extra  session. 
Aug.  9. — The  Sub-Treasury  Act  repealed. 
"    18. — Bankrupt  Act  passed. 

1842.  The  Dorr  Insurrection  in  Rhode  Island. 
The  Seminole  war  terminated. 

Treaty  with  England  settling  North-eastern  Boundary 
Question. 


198 


CHKONOLOGICAI.  EECOED. 


1843.    June  9. — "Washington  Allston,  painter,  died  at  Cambridge. 

Aged  64. 

1845.  Anti-rent  riots  in  New  York. 

Mexico  declares  war  against  the  United  States. 

1846.  April  24. — Hostilities  commence  with  Mexico. 
May. — The  Mexicans  bombard  Fort  Brown. 

"    18. — Taylor  crosses  the  Eio  Grande  and  takes  Mata- 
moras. 

July  6. — Com.  Sloat  takes  possession  of  California. 
Aug.  22. — New  Mexico  annexed  to  the  United  States. 
jSTov.  14. — Tampico,  Mexico,  occupied  by  United  States 
troops. 

1847.  Jan. — Mexicans  massacre  Americans  in  New  Mexico. 
March  29. — Vera  cruz  surrenders  to  Gen.  Scott. 

Sept.  12-14. — Chepultepec  stormed,  and  city  of  Mexico 
taken  by  assault,  by  the  Americans,  under  Gen.  Scott. 

1848.  Feb.  2. — Upper  California  ceded  to  the  United  States. 

"   22, — Treaty  of  Peace  with  Mexico  signed  at  Guada- 
loupe,  Hidalgo. 
Cultivation  of  the  tea-plant  commenced  in  South  Carolina. 
Dec.  8. — First  deposit  of  California  gold  in  the  Mint. 

1849.  April  25. — Parliament  House  at  ]\lontreal  burned  by  in' 

surgents. 

1850.  July  9.— Death  of  President  Taylor. 

"  10. — Inauguration  of  Millard  Fillmore. 
Sept.  18. — The  Fugitive  Slave  Act  passed. 
Texas  Boundary  settled  by  payment  of  $10,000,000  to 

Texas. 

New  Mexico  and  Utah  admitted  as  Territories. 
Slave-trade  abolished  in  the  District  of  Columbia. 

1851.  April  16. — The  light-house  in  Boston  Harbor  carried  away. 
May  8. — Southern  Riiiht's  Convention  at  Charleston,  S.  C. 
Nov. — The  frigate  "Mississippi"  sent  to  Turkey  for  Kos- 
suth. 

Dec. — Kossuth  arrives  in  New  York. 
"  14. — Principal  room  of  the   Congressional  library 
burned. 

1852.  Jan.— The  Ohio  State  House  burned. 

1853.  May  30. — Dr.  Kane  sails  on  his  Arctic  expedition. 
July  8. — Com.  Perry's  expedition  arrived  at  Japan. 
Dec.  16. — Santa  Anna  elected  Dictator  of  Mexico  for  life. 

1854.  Jan.  5. — Steamer  "  Sfin  Francisco  "  foundered  at  sea — ■ 

240  U.  S.  troops  lost. 
Mar.  8. — Commercial  Treaty  concluded  with  Japan. 
April  20. — Miss  Dix's  Bill  favoring  the  indigent  insane 

vetoed. 


CHRONOLOGICAL  KECOED. 


199 


1854.  April  28— U.  S.  announces  neutrality  in  the  Eastern 

Question. 

May  31.— Kansas-Nebraska  Bill  passed  by  Congress. 

June  7. — Reciprocity  concluded  with  England. 

July  13. — Bombardment  of  Greytown,  Central  America, 

by  a  United  States  man-of-war. 
X)ec. — Death  of  J.  Harrington,  last  survivor  of  the  battle 

of  Lexington. 

1855.  Feb.  1.— U.  S.  steamer  "  Waterwitch  "  fired  on,  on  the 

Paraguay.  ^ 
jfov.  3. — Passmore  Williamson  released  from  3  months 

imprisonment  in  the  Wheeler  Slave  Case. 
Dec.  8.— Abdication  of  Santa  Anna,  Dictator  of  Mexico. 

1856.  Feb.  2.— N.  P.  Banks  elected  Speaker  of  U.  S.  House  of 

Representatives. 
April  17. — Quebec  made  the  seat  of  Canadian  govern- 
ment. 

May  22. — Senator  Sumner,  of  Mass.,  assaulted  by  Brooks, 
of  S.  C. 

"  28.— The  British  Envoy  ordered  to  quit  Washington. 
June  24.— Gen.  Walker  recognized  as  President  of  Nic- 
aragua. 

July  i3  — J.  W.  Geary  confirmed  as  Governor  of  Kansas. 
Aug.  30, — Extra  session  of  Congress  adjourns. 

1857.  Mar.  6.— The  Dred  Scott  Decision  delivered  by  C.  J. 

Taney. 

"  26.— R.  J.  Walker  appointed  Governor  of  Kansas. 
Aug.  24. — General  financial  panic  begins. 
Sept.  8.— Loss  of  the  "  Central  America  "  and  450  lives. 

"  23. — Commencement  of  the  great  religious  revival. 
Dec— Commercial  failures  this  year,  5,123;  liabilities^ 

$291,757,000. 

1858.  Feb. — Juarez  declared  President  of  Mexico — war  ensues. 

"  14. — U.  S.  army  defeats  the  Mormons  in  Utah. 
Mar.  28. — Nicaragua  seeks  the  protection  of  the  United 
States. 

April  30.— The  "English  Kansas  Bill"  passes  Congress. 
May  23. — Minnesota  State  Government  organized. 
June  10. — Atlantic  Telegraph  fleet  land. 

"    13. — Treaty  of  Amity  with  China  signed. 
Aug.  5. — Completion  of  the  Atlantic  Telegraph. 

"'^  7. — Ottawa  made  the  Capital  of  Canada. 
Oet.  5. — Crystal  Palace,  New  York,  burned. 

1859.  April  4. — Mr.  McLane  reorganizes  the  Juarez  Gov.,  Mex. 
Oct.  3. — J.  Y.  Mason,  Minister  to  France,  dies  at  Paris. 

17. — John  Brown's  raid  at  Harper's  Ferry,  Va* 


200 


CHRONOLOGICAL  RECOED. 


1860.    Feb.  1.— Pennington,  of  N.  J.,  elected  Speaker  U.  S. 
House  Eep. 

14.— Japanese  Embassy  arrives  at  Washington. 
IP^oc     a  tornado  in  Illinois  and  Iowa, 

-f  ^  Steamer  "  Great  Eastern  "  arrives  at  New  York. 

July  24  -teept.  20.-yisit  of  Prince  of  Wales  to  U.  S.  and 
Canada. 

Nov.  6.— Abraham  Lincoln  elected  President. 

7.— The  ''Palmetto  Flag"  hoisted  in  Charleston 
harbor. 

"  Carolina  Legislature  proposes  secession. 

1  o"^  Hammond,  of  South  Carolina,  resigns 

18.— Georgia  appropriates  $1,000,000  to  arm  the 

otate. 

Maj.  Anderson  sent  to  Ft.  Moultrie. 
Dec.  1. — Great  secession  meeting  at  Memphis. 
"    3. — Congress  met. 

u  Secretary  of  the  Treasury,  resigns. 

•<  \A~7^     I^i'esident  opposes  reinforcing  Ft.  Moultrie. 

14. — Gen.  Cass,  Secretary  of  State,  resigns. 
"18.— Crittenden  Compromise  introduced  into  U  S 
Senate. 

20.— South  Carolina  adopts  Secession  Ordinance. 
^  22.— Crittenden  Compromise  defeated  in  Com.  of  13 
u  Congress  from  South  Carolina  resign! 

2b.— Maj.  Anderson,  with  111  men,  takes  possession 
01  Sumter. 

"  27.— Rev'e  cutter  "  Wm.  Aiken  "  surrendered  to  S.  C 
authorities. 

"  28.— S.  C.  authorities  take  Castle  Pinckney  and  Ft 
Moultrie. 

lo/.-.     t"  ^^-—^P^^      Floyd,  Secretary  of  War,  resigns. 
1861    Jan.  2.— Gov.  Ellis,  of  N.  C,  takes  possession  of  Ft.  Macon. 

XT  .•~riP"^-  ^oore,  of  Alabama,  seizes  Ft.  Morgan,  and 
United  States  arsenal  at  Mobile. 
National  Fast  Day,  by  order  of  the  President. 
*^^P'  ^-"tJ^^o^  Thompson,  Secretary  of  Interior,  resigns. 
9.-Feb.  1.— Mississippi,  Florida,  Alabama,  Georgia 
Louisiana,  and  Texas  passed  secession  ordinances 
Steamer  "  Star  of  the  West "  fired  on  in  Charleston  harbor 
Jan.  11.— John  A.  Dix  appointed  Sec.  of  Treasury,  vice 
Thomas,  resigned. 

13 —Florida  troops  take  possession  of  Pensacola 
Navy-yard. 

'^^^18.— Virginia  appropriates  $1,000,000  for  State  de- 


CHEONOLOGICAL  RECORD. 


201 


1861,    Jan.  21. — Jeff.  Davis  resigns  his  seat  in  the  U.  S.  Senate. 
"    24. — U.  S.  arsenal  at  Augusta,  Ga.,  seized. 
Feb.  1. — Mint  and  custom  house,  N.  0.,  seized  by  La. 
authorities. 

"  4. — Southern  Confederacy  formed  at  Montgomery, 
Ala. 

Peace  Cong,  meets  at  Wash'n — Ex-Pres.  Tyler,  Pres. 
Feb.  9. — Jeff.  Davis  elected  President  of  Southern  Con- 
federacy. 

"  19. — Fort  Kearney,  Kansas,  seized  by  the  Confeder- 
ates. 

Mar.  1. — Gen.  Twiggs  expelled  from  the  army  for  treason. 
Peace  Congress  adjourned,  after  a  stormy  session — ac- 
complished nothing. 

Mar.  5. — Beauregard  takes  command  at  Charleston,  S.  C. 
"  7. — Beauregard  stops  all  intercourse  between  Ft. 
Sumter  and  Charleston. 

THIED  PEKIOD: 

FROM  THE  GREAT  REBELLION  TO  A.  D.  1872. 

1861.    April  12. — Bombardment  of  Fort  Sumter  commenced. 

"  13. — Maj.  Anderson  capitulates,  and  sails  for  New 
York. 

"  15. — President  Lincoln  calls  for  75,000  volunteers. 
"  17. — Jeff.  Davis  offers  letters  of  marque  to  privateers. 
"  18. — Arsenal  at  Harper's  Ferry  destroyed  by  the 
Commander. 

Col.  Coke  and  400  men,  from  Penn.,  arrive  at  Washington. 
April  19. — The  6th  Massachusetts  regiment  fired  on  in 

Baltimore — 2  soldiers  and  11  of  the  mob  killed. 
Pres.  Lincoln  declares  the  Southern  ports  in  a  state  of 

Blockade. 

*'  20. — Gosport  Navy-yard  and  8  war-vessels  destroyed. 
The  4th  Massachusetts  Regiment  arrives  at  Fortress 
Monroe. 

April  25. — ^Virginia  proclaimed  a  member  of  Southern 
Confederacy. 

May  4. — McClellan  placed  in  command  of  the  Dep'm't 
of  Ohio. 

"   5. — Gen,  Butler  takes  possession  of  the  Relay  House, 
Maryland.  ^ 
*^   6. — ^Arkansas  secedes. 


202 


CHEONOLOGICAL  RECORD. 


186].    May  11.— Charleston,  S.  C,  blockaded. 

"13.— England  acknowledges  the  insurgent  states  as  bel- 
ligerents. 

"  16.— Gen.  Scott  orders  the  fortification  of^Arlino-ton 

Heights.  ° 

"  18.— Gen.  Butler  takes  command  of  the  Department 

of  Virgmia — head-quarters,  Fortress  Monroe. 

"  20. — Xorth  Carolina   secedes ;    Kentucky  declares 

neutrality. 

"  21. — Tennessee  secedes, 

22.— Fortifications  at  Ship  Island  destroyed  by  Union- 
ists. 

"  24.— Federal  troops  cross  the  Potomac ;  Alexandria 
occupied  ;  Col.  Jillsworth  shot. 

"26.— All  postal  services  in  the  seceded  States  sus- 
pended. 

June  3. — Hon.  S.  A.  Douglas  dies  at  Chicago. 
Beauregard  takes  command  of  Confederates  at  Manassas 
Junction. 

"  10.— Maj.  Winthrop  killed  at  Big  Bethel. 

"  14. — Confederates  evacuate  Harper's  Ferry. 

"  15.— The  captured  privateer  "Savannah"  arrives  at 

N.  Y. 

"  17.— Gen.  Lyon  defeats  the  Confederates  at  Boone- 
ville,  Mo. 

"  20. — Gen.  McClellan  assumes  command  in  West 
Virginia. 

"  29. — The  Wheeling  Government,  Virginia,  acknowl- 
edged by  the  President. 

*'  The  privateer  "  Sumter  "  escapes  from  New  Orleans. 
July.— First  United  States  war  loan— $250,000,000. 
"    4.— Congress  meets  in  extra  session. 
"    6. — Fremont  appointed   to   command  of  Western 
Department. 

"  11. — Nine  Southern  members  expelled  from  the  U. 
S.  Senate. 

"  16. — The  President  authorized  to  cftll  out  500,000  men. 
"  22. — McClellan  takes  command  of  Army  of  the  Po- 
tomac. 

Aug.  3. — Confiscation  Bill  passed. 
"    5. — Com.  Alden  bombards  Galveston. 
"    6. — Congress  adjourns. 
"  10. — Gen.  Lyon  killed  at  Wilson  Creek. 
"  14. — Gen.  Fremont  declares  martial-law- in  St.  Louis. 
Mutiny  of  the  79th  New  York  Regiment  at  Washington. 
"  16. — Gen.  Wool  takes  command  at  Fortress  Monroe. 


CHRONOLOGICAL  RECORD. 


203 


1861     Aug.  16. — President  suspends  all  commerce  with  seceded 
tStates. 

"  23.— A  large  body  of  Cherokee  Indiana  join  Confed- 
erates. 

"  26.— The  Hatteras  Expedition  sailed  from  Fortress 
Monroe. 

"  29.— Capture  of  Forts  Hatteras  and  Clarke. 
Sept.  6. — Gen.  Grant  takes  possession  of  Paducah,  Ky._ 
*'    11. — Pres.  Lincoln  orders  Gen.  Fremont  to  modify 
his  emancipation  proclamation. 

"  18, — Secession  members  of  Maryland  Legislature 
sent  to  Ft.  McHenry. 

«'  20.— Lexington,  Mo.,  surrendered  to  the  Confederates. 
"  21. — Ex-Vice- Pres.  Breckinridge  joins  the  Confed- 
erates. 

Oct.  11. — Confed.  steamer  "Nashville"    escapes  from 
Charleston. 

"  29. — Naval  expedition,  under  Com.  Dupont  and  Gen. 
Slierman,  leaves  Fortress  Monroe. 
Nov.  1. — Gen.  Scott  resigns  as  Commander-in-Chief;  Gen. 
McClellan  succeeds  him. 

"  7. — Halleck  assigned  to  the  command  of  Department 
of  the  West 

"    8. — Mason  and  Slidell  taken  from  a  British  steamer. 
"  18. — C.  S.  Congress  convened  at  Richmond,  Va. 
"  24. — Mason  and  Slidell  placed  in  Ft.  Warren,  Boston 
harbor. 

X)ec.  4. — Breckinridge  expelled  from  U.  S.  Senate  for 
treason. 

"    6. — Occupation  of  Beaufort,  S.  C,  by  U.  S.  forces. 
"  11. — All  the  islands  adjacent  to  Port  Royal  occupied 
by  Union  forces. 

»'  21. — 17  stone  vessels  sunk  in  the  harbor  at  Charles- 
ton, 8.  C. 

"  30.— N.  Y.  and  Boston  banks  suspend  specie  pay- 
ment. 

1862.    Jan.  1. — Mason  and  Slidell  delivered  to  the  British  Min- 
ister. 

"  12. — The  Burnside  Expedition  sailed  from  Ft.  Monroe, 
"  13.— E.  M.  Stanton  app.  Sec.  of  War,  vice  Cameron, 
resigned. 

Cameron  nominated  Minister  to  Russia,  vice  Clay,  re- 
signed. 

<'  18. — Death  of  Ex-President  Tyler,  at  Richmond,  Va. 
Feb.  5. — Jesse  D.  Bright  expelled  from  the  U.  S.  Senate. 
6. — Ft.  Henry,  on  Tenn.  River,  surren.  to  Com.  Foote, 


204 


CHEONOLOGICAL  RECORD. 


1862.    Feb.  8. — Gen.  Burnside  captures  6  forts  on  Boanoke 
Island. 

"  22.— Jefferson  Davis  inaugurated  President  of  the 
Southern  Confederacy. 
Mar.  3. — Brigliam  Young  elected  Governor  of  Deseret, 
Utah.  ^ 

"    8. — The  "  Merrimac  "  destroys  2  U.  S.  vessels. 

"  9.— U.  S.  Battery  "Monitor"  defeats  the  "Merri- 
mac." 

"  11. — Gen.  McClellan  removed  from  the  supreme  com- 
mand of  the  army  and  appointed  to  the  command  of 
the  Army  of  the  Potomac. 
April  2. — Pres.  Lincoln's  Emancipation  Resolution  passed 
the  Senate. 

"    8.— National  Tax  Bill  passed  U.  S.  House  of  Rep. 

"  24.->-Destruction  of  Dismal  Svramp  canal  completed. 

"  27.— Stars  and  Stripes  raised  over  U.  S.  mint  in  N.  O. 

Gen.  Butler  landed  his  troops  near  Fort  St.  Philip. 
April  28. — Forts  Jackson  and  St.  Philip  surrender. 
May  7. — Pres.  Lincoln  visits  Fortress  Monroe  and  the  fleet. 

"  9. — Confederates  evacuate  Pensacola  and  destroy  the 

navy-yard. 

"  11. — Confederates  blow  up  the  "Merrimac." 

"  12. — Natchez  surrendered  to  Com.  Farragut. 

"  25. — Gen.  Banks  retreats  from  Winchester  to  Mar^ 

tinsburg. 

*'  26. — Additional  troops  called  for  by  Government. 
Gen.  Banks'  army  crosses  the  Potomac. 
Confiscation  Act  passed  the  House  of  Representatives. 
June  6. — Tax  Bill  passed  U.  S.  Senate. 
"  20. — Porter,  with  10  mortar-boats,  arrived  off  Vicks- 
burg. 

26.  — ^Gen.  Pope  assigned  to  command  of  the  Vir- 
ginia army. 

'*  27. — Bombardment  of  Vicksburg  commenced, 
Fiemont  relieved  of  his  command,  at  his  own  request. 
July  1. — President  Lincoln  calls  for  600,000  volunteers. 
"  3 1. — Gen.  Halleck  appointed  commander  of  all  land 
foA?es. 

"  22. — Siege  of  Yicksburg  abandoned. 

27.  — Steamer  "Golden  Gate,"  from  San  Francisco 
burned — 230  passeno-ers,  and  1|  million  treasure  lost. 

Aug.  4.— Draft  ordered  for  300,000  militia. 
"    5. — Gen.  Robt.  McCook  murdered,  riding  in  an  am 
bulance. 

"  20.-— Sioux  Indians  repulsed  at  Ft.  Eidgely,  Minn. 


CHRONOLOGICAL.  RECORD. 


205 


1862.  Sept.  2. — Martial-law  declared  in  Cincinnati. 

"  5. — Confederate  army  commences  crossing  into 
Maryland. 

"  7. — McClellan  takes  command  in  person  of  Potomac 
Army, 

"  17.— Cumberland  Gap  evacuated  by  the  Federals. 
"  22. — Pres.  Lincoln  issues  his  Emancipation  Procla- 
mation. 

'*  24, — Convention  of  loyal  Governors  at  Altoona,  Penn. 
"  25. — Habeas  Corpus  suspended  by  the  U.  S.  Govern- 
ment. 

"  29, — Gen.  J,  C.  Davis  kills  Gen.  Nelson  at  Louisville. 
Gen.  Thomas  succeeds  Gen.  Bueli  in  command. 
Oct.  10. — Confed.  Gen.  Stuart's  cavalry  reaches  Cham- 
bersburg,  Penn. 

"  30. — Gen.  Mitchel  died  of  yellow  fever,  at  Beaufort, 
S.  C. 

Nov,  5. — Gen.  Burnside  succeeds  Gen.  McClellan. 
"  15. — Gen.  A.  G.  Hamilton  app.  Military  Gov.  of  Texas. 
"  16. — Pres.  Lincoln  enjoins  the  observance  of  the 
Sabbath. 

"  18. — The  "Alabama"  escapes  from  Martinique. 
"  22. — All  political  state  prisoners  released, 
Dec.  6. — Gen.  Banks'  expedition  sails  from  N.  Y.,  for 
New  Orleans. 

«'  16. — Gen.  Banks  succeeds  Gen.  Butler  at  New  Orleans. 
"  17. — Union  troops  occupy  Baton  Rouge. 
"  31. — West  Virginia  admitted  as  a  State. 

1863.  Jan.  1. — Pres.  Lincoln  declares  all  the  slav.es  in  the 

Confederate  States  free. 

'<    9. — Exchange  of  20,000  prisoners  effected. 

"  10. — Bombardment  of  Galveston  begun. 

"  11. — Gun-boat  "  Hatteras  "  sunk  by  the  "Alabama." 
Feb.  12. — National  Currency  Bill  passes  the  Senate. 
Mar.  21. — Death  of  Maj.-Gen.  E.  V.  Sumner. 
April  7. — Ship  "Morning  Star"  captured  by  the  "Ala* 

bama." 

"  22-May  2. — Grier son's  raid. 
May  8. — Col.  Streight's  command  (1,700)  captured. 

Confederate  Gen.  Van  Dorn  killed  by  Dr.  Peters, 

«'  10.— Death  of  "Stonewall"  Jackson. 

"  13. — Yazoo  City  captured  by  Union  gun-boats. 

"  18. — Commencement  of  the  battles  before  Vicksburg. 

"  25. — Confederate  navy-yard  destroyed  at  Yazoo  City. 

"  28. — First  colored  regiment  from  the  North  leaves 

Boston. 


206 


AMERICAN  mSTORICAL  CHAET. 


1863.  June  1. — Gen.  Gilmore  succeeds  Gen.  Hunter  in  the 

South. 

"     2. — 3,000  Confederate  prisoners  arrive  at  Indianap- 
olis. 

"    17. — Kilpatrick  defeats  Fitzhugh  Lee's  cavalry  bri- 
gade. 

"    21. — Lee  makes  his  second  invasion  of  Maryland. 
"    26. — Rear- Admiral  Foote  died  in  Nevr  York. 
"    28. — Meade  succeeds  Hooker  in  command  of  Poto- 
mac army. 

July  4. — ^Vicksburg  surrendered  to  the  Union  army. 
"  8. — Port  Hudson,  with  7,000  prisoners,  surrendered 
to  Banks. 

Gen,  Morgan  invades  Indiana  and  captures  Corydon. 
July  13-16. — Great  riot  in  New  York. 

"  31. — Martial-law  in  Kentucky. 
Aug.  21. — ^Lawrence,  Kan.,  pillaged  and  burned  by  Quan- 
trell's  guerrillas — many  citizens  murdered. 

"    23. — Shells  thrown  into  Charleston — nearly  6  miles 
range.    Fort  Fisher,  near  Wilmington,  bombarded. 
Sept.  1. — Gen.  Burnside  occupied  Knoxville,  Tenn. 

"  10. — General  Burnside  captures  Cumberland  Gap. 

"  15. — Pres.  Lincoln  suspends  the  Habeas  Corpus  Act. 
Nov.  5. — ^Brownsville,  Texas,  captured. 
Dec.  4. — Gen.  Longstreet  raises  the  siege  of  Knoxville. 

1864.  Feb.  1. — Pres.  Lincoln  orders  a  draft  for  500,000  men. 

Kilpatrick  and  Dahlgren's  raid  on  Richmond. 
May  8. — Gen.  Grant  commissioned  as  Lieutenant-General. 
"  12. — Gen.  Grant  appointed  to  command  U.  S.  armies. 
25. — Gen.  Forrest  captures  and  fires  Paducah,  Ky. 
April  26. — Gov.  accepts  the  service  of  100-days'  men. 
May  5. — Gen.  Butler  lands  on  the  south  side  of  the  James. 
"    7. — Sherman  begins  his  march  against  Atlanta. 
"  13. — Sheridan  reaches  Hanover  Junction  in  rear  of 
the  enemy. 

June  19. — The  "  Kearsarge  "  sinks  the  "Alabama." 

"   30. — Sec.  Chase  resigns;  Hon.  W.  P.  Fessenden 
appointed  his  successor. 
July  5. — Confederates,  under  Early,  invade  Maryland. 
"  30. — Chambersburg,  Penn.,  partially  burned. 
Explosion  of  a  mine  at  Petersburg. 
Aug.  5. — Com.  Farragut  gains  a  victory  in  Mobile  Bay. 
"  18.— Weldon  R.  R.  seized  by  Gen.  Grant. 
"  23. — Fort  Morgan  surrendered. 
Sept.  19. — Gen.  Sheridan's  victory  in  the  Shenandoah 
Valley. 


GHBONOLOGICAL  RECORD. 


2j7 


1864.  Oct.  7. — Pirate  vessel  "Florida"  captured  by  the  "  Wa 

chusett." 

Nov.  3. — The  "Albemarle"  destroyed  by  Lieut.  Gushing 
16. — Gen.  Sherman  commences  his  march  to  the  sea 
Dec.  21. — Gen.  Sherman  enters  Savannah,  Ga. 

1865.  Jan.  15. — Union  troops  and  fleet  capture  Fort  Fisher. 
Feb.  4. — Illinois  black  laws  repealed. 

"  18. — Gen,  Gilmore  takes  possession  of  Charleston, 

S.  C,  and  hoists  the  Old  Flag  over  Fort  Sumter 
Feb.  19. — Fort  Anderson,  N.  C,  taken. 

"   23.— Raleigh,  N.  C,  captured. 
Mar.  2. — Gen.  Sheridan  captures  Gen.  Early  and  hia 

army. 

"  10. — Gen.  Sherman  occupies  Fayetteville,  N.  C. 
"  17. — Confederate  Congress  adjourned    sine  die." 
April  1. — New  and  higher  tariff  comes  in  force. 
"     2. — Gen.  Lee's  line  at  Petersburg  carried. 
"     9. — Gon.  Lee  surrendered  with  his  whole  army. 
"   14. — Pres.  Lincoln  assassinated  by  J.  Wilkes  Booth. 
"  15. — Death  of  Lincoln ;  Andrew  Johnson  becomes 
President. 

"  26. — Gen,  Johnston  surrenciered. 

"   27. — Booth,   the    assassin,  mortally  wounded  and 

captured. 

May  4. — Gen.  Dick  Taylor  surrenders. 
"  10. — Jeff.  Davis  captured. 

"  22. — Proclamation  opening  southern  ports,  and  ex- 
ceptional amnesty. 
May  24 — Grand   review  of  Gen.  Sherman's   army  at 
Washington. 

JeflP.  Davis  indicted  for  treason. 
May  26. — Kirby  Smith  surrendered. 

"   31. — Gen.  Hood  and  staff  surrendered. 

End  of  the  rebellion. 
July  7. — The  assassins  of  Pres.  Lincoln  hung. 
Nov.  2. — National  thanksgiving. 

"    10, — Execution  of  Wirz,  the  Southern  prison-keeper. 
Dec,  18, — Slavery  declared  constitutionally  abolished. 
1866     May  3.— Colorado  Bill  vetoed. 

June  7. — Pres.  Johnson's  address  against  the  Fenian 
movement. 

July  16. — Cong,  passed  second  F.'s  Bureau  Bill  over  veto. 
Sept.  6. — Corner-stone  of   Douglas   Monument  laid  at 
Chicago. 

Dec.  20. — Suffrage  given  to  colored  men  in  District  of 
Columbia. 


208 


CHRONOLOGICAL  KECOKD. 


1867.  Feb.  9. — Nebraska  admitted  as  a  State. 
Mar.  2. — Tenure  of  Office  Bill  passed. 

Reconstruction  Bill  passed  over  President's  veto. 
April  10. — Russian  American  Treaty  approved  by  the 
Senate. 

May  13. — Jeff.  Davis  released  on  bail. 
July  1. — Congress  meets  in  extra  session. 

"  19. — Supplementary  Reconstruction  Bill  passed,  over 

veto. 

<'  20. — Congress  adjourns  until  November. 
Aug.  12. — Pres.  Johnson  suspends  Sec.  Stanton  from 
office. 

1868.  Jan.  1. — Gen.  A.  D.  McCook  succeeds  Gen.  McKenzie 

in  the  Sub-district  of  the  Rio  Grande. 
Jan.  5. — U.  S.  Military  Asylum  at  Augusta,  Me.,  burned. 
"    6. — Congress  meets — Pres.  censured  for  removing 
Sheridan. 

Sec.  Seward  announced  that  21  States  had  ratified  the 

14th  amendment  to  the  Constitution. 
Jan.  11. — Chinese  Government  appoints  Anson  Burlin- 

game  (former  U.  S.  Minister)  Special  Envoy.  Salary, 

$40,000. 

Jan.  13. — The  Senate  non-concurred  in  Stanton's  suspen- 
sion. 

"  29.— Death  of  Bishop  Hopkins,  of  Vermont.  Aged 
76.  ^  , 

Feb.  18. — Senate  bill  passed  for  the  reduction  of  the 
army. 

21.— The  President  declares  Gen.  Thomas  m  Stan- 
ton's place. 

*'  24.— The  House  of  Representatives  impeach  the 
President. 

;i^£ar.  12.— Bill  passed  to  abolish  tax  on  manufactures, 
u     18. — Admiral  Farragut  received  by  the  Pope  of 
Rome.  . 
it     30. — Impeachment  Trial  commenced  m  the  Senate. 

May  22. — Arrival  of  the  Chinese  Embassy  in  New  York, 
u  23. — Kit  Carson,  the  noted  trapper,  died.  Aged  58. 
"  26.— Impeachment  Trial  ends— Pres.  Johnson  ac- 
quitted. 

Sec.  Stanton  resigns.  ^ 
u    29. — G.  A.  of  the  Republic  decorated  Union  soldiers 

graves. 

Ex-Gov.  Lincoln  of  Massachusetts,  dies.    Aged  75. 

Heavy  shocks  of  earthquake  at  Sacramento. 

"    30. — Treaty  concluded  with  the  Osase  Nation. 


CHRONOLOGICAL  EECOKD. 


209 


1868.  June  4. — Ex-Pres.  Buchanan  buried  at  Wheatland,  Penn. 

"  5. — The  Chinese  Embassy  received  by  the  President. 
"  10. — Bill  passed  Senate  for  admission  of  S.  States. 
"  12. — Reverdy  Johnson  confirmed  as  Minister  to 
Eno;land. 

"  16. — Gov.  Humphreys  removed,  and  Gen.  Ames  ap- 
pointed Governor  of  Mississippi. 

"  20. — Commencement  of  diifficulties  between  U.  S. 
Embassador  and  the  Government  of  Paraguay. 
"  24. — The  Senate  ratifies  the  Chinese  Treaty. 
"  25. — ^Freedman's  Bureau  Bill  passed,  over  veto. 
July  4. — Pres.  Johnson  issues  his  proc.  of  amnesty  to  all 
engaged  in  the  rebellion,  except  those  already  indicted. 
"  15. — Wm.  M.  Evarts  confirmed  as  Attorney-General. 
"    16. — Laws  of  United  States  extended  over  Alaska. 
Riot  at  Millican,  Texas — 45  persons  killed. 
*'   17. — Senate  appropriates  $7,200,000  for  payment  for 
Alaska. 

"   21. — Congress  declares  the  14th  Amendment  ratified. 
"  Bill  passed  organizing  Wyoming  Territory. 
Aug.  3. — Mr.  Washburn  denies  the  charge  of  conspiracy 
against  Lopez. 

Failure  of  the  Atlantic  Cable  of  1866. 
Charles  G.  Halpine  (Miles  O'Reily)  dies.    Aged  39. 
"   11. — Thaddeus  Stevens,  M.  C.  from  Pennsylvania, 
dies.    Aged  75. 

"  14. — Encke's  comet  discovered  at  Naval  Observatory 
Washington. 

"  ]7. — National  Teachers'  Ass'n,  at  Nashville,  Tenn. 
"   20. — Chinese  Embassy  in  Boston. 
Death  of  Gen.  B.  F.  Smith  at  Fort  Reno.    Aged  37. 
Sept.  3. — Ga.  Legis.  declares  negroes  ineligible  to  seats. 

"   18. — General  Hindman  assassinated  at  Helena,  Ark. 
Oct.  21. — Serious  earthquakes  in  California, 

James  Hind,  M.  C.  from  Arkansas,  assassinated.  ^ 
"  25.— Colonel  Carpenter  defeats  the  Cheyennes  and 
Arrapahoes. 
Dec.  6. — Ku-Klux  outrages  in  Tennessee. 
"  20. — Augustus  S.  Mitchell,  Amer.  geographer,  dies. 
"  25. — President  Johnson  issues  a  universal  amnesty 
proclamation. 

"  Mosby  Clarke,  a  Revolutionary  soldier,  dies  at  Rich- 
mond, "Virginia.    Aged  121  years. 
"   General  Sheridan  captured  the  Indian  chiefs  Son 
tanta  and  Lone  Wolf. 

1869.  Jan.  1. — ^New  suspension  bridge  at  Niagara  Falls  opened- 


210 


CHEONOLOGICAli  EECOED. 


1869,    Feb.  1. — ^United  States  Supreme  Court  decides  Internal 

Revenue  Laws  constitutional. 

"   19. — Jefferson  Davis  and  his  sureties  released. 

"   24. — The  Copper  Tariff  Bill  passed,  over  veto. 

«  26. — Capital  of  West  Virginia  located  at  Charleston. 

Constitutional  Amendment  passed,  over  the  veto. 

Passage  of  Bill  to  strengthen  the  public  credit. 
Mar.  4.— Hon.  J.  G.  Blaine,  of  Maine,  elected  Speaker 

of  the  United  States  House  of  Representatives. 
April  5. — United  States  Supreme  Court  decides  the  State 

taxation  of  national  bank  stock  legal. 

"     9. — Passage  of  the  Reconstruction  Bill. 

"    10. — 100  lodges  Arrapahoe  Indians  surrender. 

"   1 7. — Arrival  of  first  cargo  of  tea  at  Chicago  via  Pacific 

Railroad. 

May  10.— Central  Pacific  Railroad  completed. 

«'   17, — Gen.  D.  E.  Sickles  appointed  Minister  to  Spain. 

"   29-30. — Decoration  of  Union  Soldiers'  graves. 
June  1. — Corner-stone  of  the  Atlanta  (Ga.)  Univ'ty  laid. 

u   10, — 200  acres  of  the  Mount  Vernon  estate  sold. 

"   15-18. — Great  Peace  Jubilee  Concerts  in  Boston. 

«   18.— Death  of  Honorable  H.  G.  Raymond,  of  the 

New  York  "  Times." 

Dedication  of  Monument  in  Gettysburg  Cemetery. 
July  3, — Equestrian  Statue  of  Washington  unveiled  in 
Boston. 

ti  8. — Monument  to  Fitz  Greene  Halleck  dedicated  at 
Guilford,  Conneticnt. 

II  14. — Frightful  accident  and  loss  of  life  on  the  Erie 
Railroad, 

National  Convention  of  Y.  M.  C.  A.  at  Portland,  Me. 

"  22. — Commodore  S.  S.  Lee  died  in  Virginia. 

"  23. — Death  of  Ex-Governor  Crapo,  of  Michigan. 
Arrival  of  steamers  laying  the  French  Cable,  at  Dux- 
bury,  Massachusetts. 

f   30. — Death  of  Hon.  Isaac  Toucey,  of  Connecticut. 
,^ug,  8. — Total  eclipse  of  the  sun,  visible  in  the  U.  S. 
"   12.— Com.  Jarvis,  U.  S.  N.,  died  at  Geneva,  Illinois. 
'«   18. — Nat.  Educational  Convention,  at  Trenton,  N.  J. 
Sept.  6. — Disastrous  fire  in  a  coal  shaft  near  Scranton, 


Secretary  John  A.  Rawlins  died  at  Washington. 
Destructive  gale  in  Massachusetts  and  Maine. 
"   12. — Large  meeting  in  Quebec  favoring  annexa^^'on 
to  United  States. 

it  24, — Unparalleled  gold  excitement  in  New  York. 


CHRONOLOGICAL  RECORD. 


211 


1869.  Oct.  1.— Boiler  exp.  at  Ind.  State  Fair.  25  persons  killed. 

"   4. — Violent  tornado  on  the  coast  of  Maine. 

u   5._60th  annual  session  of  the  A.  B.  C.  F.  M.  at 

Pittsburg. 

'*  8.— Death  of  Ex-Pres.  Franklin  Pierce.  Aged  64. 
"  13.— Gen.  W.  W.  Belknap,  of  Iowa,  app.  Sec.  of  War. 
"  20.— C.  W.  Eliot  installed  Pres't  of  Harvard  College. 
"  27. — Remarkable  meteor  exp.  near  Forest  Station,  0. 
"28. — Steamer  "Stonewall"  burned  below  St.  Louis. 
More  than  200  lives  lost, 
j^ov.  1. — Cincinnati  School  Board  forbid  reading  the  Bi- 
ble in  the  Public  Schools. 

4. — George  Peabody  died  at  his  residence  in  London. 
"  8. — Rear-Admiral  Stewart  died  at  Bordentown,  New 
Jersey.    Aged  92. 

"    IL— Death  of  Robert  J.  Walker  in  Washington. 
"    12. — Amos  Kendall,   Ex-Post-master-General  died. 
Aged  80. 

"  23. — Indiana  Supreme  Court  decide  National  Bank 
Currency  taxable. 

"  25. — A.  D.  Richardson  mortally  wounded  in  New 
York  Tribune  of&ce,  by  Daniel  McFarland. 
Dec.  6. — Fem.  SufF.  Bill  passed  by  Wyoming  Legislature. 
"   20.— E.  M.  Stanton  confirmed  as  Judge  of  U.  S.  S,  C. 

1870.  Jan.  8.— Death  of  Major-General  J.  A.  Mower  at  N.  O. 

"    14. — Bill  passed  for  the  re-admission  of  Virgiswa. 
"   21. — Prince  Arthur,  of  England,  arrived  in  N.  Y. 
"   25. — Peabody  funeral  fleet  arrives  at  Portland,  Me. 
"   28. — U.  S.  corvette  Oneida  sunk  by  British  steamer 

Bombay,  near  Yokohama,  Japan.    Many  lives  lost. 
Feb.  7. — Legal  Tender  Act  declared  unconstitutional  by 

Chief  Justice  Chase. 

"  8. — Funeral  of  George  Peabody  at  Peabody,  Mass. 
"    15. — Superior  Court  of  Cincinnati  decide  against  the 

authority  of  the  School  Board  to  exclude  the  Bible 

from  the  Public  Schools. 

Ohio  River  bridge  at  Louisville  formally  opened. 
Mar.  5. — Forty  families  massacred  by  Indians  in  Texas. 
«^     7, — Woraen  serve  as  jurors  in  Wyoming  Territory. 
"     8.— Governor  Austin,  of  Minnesota,    vetoed  the 

Woman's  Suffrage  Bill. 
"   26. — Pierre  Soule  died  at  New  Orleans. 
<'   30. — Ratification  of  the  15th  Amendment  officially 

proclaimed. 

Apr.  2,— Great  earthquakes  it  San  Francisco. 
"  12. — The  Saint  Thomas  treaty  expires  by  limitation. 


212 


CHRONOLOGICAL  RECORD. 


1870.  Apr.  19.— The  U.  S.  Senate  pass  the  Georgia  bill. 

*'   27. — The  floor  of  the  Court-house  at  Kichmond,  Viiv 
ginia,  falls.    Nearly  200  persons  killed  and  wounded. 
May  6. — lie  turn  of  General  T.  Jordan,  the  Cuban  Com- 
mander, to  New  York. 

"  23. — Beginning  of  the  Fenian  raid  into  Canada. 

"  24. — Proclamation  of  President  Grant  against  the 

Fenian  raid. 

"  26.— The  North  Pacific  R.  R.  Bill  becomes  a  law. 
"   30. — Decoration  of  Union  soldiers'  graves. 
June  6. — Reception  of  Red  Cloud  and  the  Sioux  chiefs 
at  Washington. 

"  11.— Death  of  William  Gilmore  Simms,  at  Charleston, 
South  Carolina. 

"  21. — Bill  to  abolish  the  franking  privilege  defeated. 
"   29. — The  San  Dom.  treaty  rejected  by  the  Senate. 
July  3. — The  new  Constitution  of  Illinois  adopted. 
"   12. — Serious  riot  between  the  Catholics  and  Orange- 
men in  New  York. 

"  14. — Congress  grants  $3,000  per  an.  to  Mrs,  Lincoln. 
"  15. — General  Starr  and  other  Fenians  sentenced  to 
two  years  imprisonment. 

"   21. — International   Convention   of    Young  Men's 

Christian  Association  at  Indianapolis. 
Aug.  14. — Death  of  Ad.  Farragut  at  Portsmouth,  N.  H. 
Sept.   8. — The  U.  S.  recognized  the  French  Republic 

"     9.— Death  of  Dr.  N.  Lord,  Ex-pres.  of  Dart.  College. 

"   30. — Great  floods  in  Va.    Richmond  partially  sub. 
Oct.  1. — Yellow  Fever  raging  on  Governor's  Island,"  N.  Y. 

"     8. — Second  neutrality  proclamation  by  the  Pres. 

"  20. — Severe  shock  of  an  earthquake  in  the  North- 
east and  Middle  States. 

"  21 — Thomas  Hughes,  M.  P.,  lectures  in  New  York. 
Nov.   7. — Bloody  Riots  in  Donaldson,  Louisiana. 
"   14. — ^Minister  Motley   peremptorily   recalled  from 
England. 

"  24. — Army  of  the  Cumberland  meets  at  Cleveland. 
Dec.  1. — The  S.  Court  of  Mass.  decides  that  a  contract 
carried  into  eff'ect  on  Sunday  can  not  be  repudiated. 
"     4. — Arrest  of  General  Jordan,  the  Cuban  comman- 
der, in  New  York. 

"  6. — Death  of  Gen.  Hiram  Walbridge  in  New  York. 
"  20. — Articles  of  impeachment  preferred  against  Gov- 
ernor Holden  of  North  Carolina. 

1871.  Jan.  1. — Terrific  gales  on  the  entire  Atlantic  coast. 

"     2. — Reception  at  the  President's  White  House 


CHRONOLOGICAL  RECORD.  213 

omitted.    A  custom  never  before  departed  from  since 

Washin,2:ton's  day. 
1871.    Jan.  2. — Council  of  Indian  nations  at  Ocmulgee,  and  a 

constitution  adopted  by  a  vote  of  52  to  3. 
"     3. — Celebration  of  the  8th  anniversary  of  Prersi- 

dent  Lincoln's  Proclamation  of  Emancipation. 
"     4.— Trial  of  Cadet  Smith  and  others  at  West  Point. 
"     7. — Twenty  car-loads  of  tea  arrive  at  New  York 

23  days  from  Hong  Kong  via  San  Francisco. 

"     8. — Alarming  spread  of  hoof  and  mouth  disease 

in  New  England. 

**     9. — Correspondence  between  Secretary  Fish  and 
Minister  Motley  submitted  to  Congress. 
The  Cincinnati  Clergy  resolve  against  the  license  of 
prostitution  in  that  city. 

"   10. — The  great  coal  mine  strike  begins  in  Penn. 
The  Mint  Bill  passed  by  the  U.  S.  Senate. 
In  Kansas  women  made  clerks  in  both  Houses,  and  a 
girl  appointed  a  page. 

"  7-12. — The  Hornet  lands  men  on  the  coast  of  Cuba, 
who  are  attacked  by  Spaniards,  and  17  men  killed  or 
captured. 

'*  11. — The  United  States  Senate  passes  the  San  Do- 
mingo Commission  Bill. 

Fourteen  mariners  desert  from  the  Pensacola  Navy 
yard  and  all  are  drowned  in  trying  to  escape. 
*'   12. — The  famous  Ohio  Liquor  Bill  becomes  a  law. 
"   13.— The  $300,000,000  five  per  cent.  Eefunding  Bill, 
passed  by  the  House. 

Woman  suffrage  defeated  in  Congress ;  3,000  women 
having  memorialized  Congress  against  it. 
*'   14-16. — Heavy  and  disastrous  snow  storm  over  the 
Western  states. 

"  14. — Steamer  T.  L,  McGill  exploded  her  boilers  on 
the  Mississippi,  58  persons  perished. 
*'   15. — First  arrival  of  teas  at  N.  Y.  via  Suez  Canal. 
"   17. — Sailing  of  the  Tennessee  with  San  Domingo 
Commissioners. 

"  18. — Fourteen  Japanese  nobles  arrive  at  San  Fran- 
cisco to  attend  college  in  the  United  States. 
At  Laconia  and  Lake  Village,  New  Hampshire,  several 
earthquake  shocks  are  felt. 

*'  19. — The  first  car  load  of  California  cotton  sent  to 
New  England. 

"  24. — Annual  session  of  the  Workingmen's  assembh 
at  Albany,  New  York. 


214 


CHKONOLOGICAL  RECOED. 


1871.    Jan.  25. — Vinnie  Ream's  statue  of  Lincoln  unveiled  at 
Washington. 

"   28. — British  America  joins  the  Dominion  of  Canada. 
Steamer  W.  R.  Arthur  exploded  her  boilers  near  Island 
No.  40  on  the  Mississippi  and  burnt.  87  lives  lost. 
Feb.  1. — Congress  admits  the  Georgia  Senators,  and  the 
South  is  now  all  represented. 

Sixty  Indians  killed  in  a  fight  on  the  Colorado  River. 
"  3. — The  U.  S.  Senate  pensions  the  soldiers  of  1812. 
"  5. — The  New  Hamburg,  New  York,  Railway  catas- 
trophe killed  and  roasted  or  drowned  22  human  be- 
ings, and  cost  the  company  hundreds  of  thousands  of 
dollars. 

"     6. — Congress  votes  $20,000  to  defray  expenses  of 
investigating  Ku  Klux  outrages.  ' 
"     7. — Committee  of  Ways  and  Means  agree  to  report 
a  bill  for  the  repeal  of  the  Income  Tax. 
"     8. — New  Jersey  ratifies  the  15th  Amendment. 
*'   10. — Messrs.  Fish,  Hoar,  Schenck,  and  Williams 
confirmed  as  High  Commissioners,  for  the  settlement 
of  the  Anglo-American  difficulties. 
"   11. — Two  steamers  leave  New  York  with  provisions 
for  France. 

"   19.— The  Chief  Jus.  of  S.  Court  of  Ark.  impeached. 
The  Governor  and  Lieutenant-Governor  before,  imp. 
"  20-21. — Unparalleled  tropical  storm  in  San  Fran. 
"  23. — Dead  lock  in  Indiana  Legis.,  34  Rep.  resign. 
"  26. — Arrival  of  26  Japanese  Nobles  and  Princes  in 
New  York, 

March  1. — To  this  date,  6,000  women  have  memorialized 
Congress  against  granting  Woman  Sufirage. 
A  tidal  wave  swept  through  Long  Island  Sound. 
"     2. — Boston  Post  Office  Appropriation  Bill  passed  in 
the  Senate — cost  not  to  exceed  $1,500,000. 
Severe  earthquake  shock  in  Eureka,  California. 
"     The  Boston,  Hartford,  and  Brie  Railroad  Company 
declared  bankrupt. 

"  4. — The  Forty-first  Congress  expires,  and  the  Forty 
second  Congress  is  organized. 

Treaty  of  Com,  formed  between  Italy  and  the  U,  S. 
Riot  and  murder  at  the  Pennsylvania  coal  mines. 

5. — Reign  of  terror  in  S.  C.  by  Ku-Klux  outrages . 
A  bloody  Chinese  fight  in  San  Francisco. 
"     6. — Horrible  scene  in  court  at  Meridian,  Miss. 
Judge  Bramlette  shot  dead  by  a  negro  and  ten  negroes 
shot  and  killed 


CKRONOLOGICAIi  RECORD. 


215 


1871.    March  8.— A  terrible  tornado  swept  every  thing  before  it 
from  Helena,  Arkansas,  to  Fayette,  Illinois. 

9  _New  York  Chamber  of  Commerce  propose  a 
Pacific  Ocean  cable  of  6,515  miles. 
"    14.— Election  in  New  Hampshire — Dem.  victory. 
"  17. — Project  for  a  Congregational  House  in  Boston,  to 
cost  $200,000. 

"  19. — The  Legislattire  of  Illinois,  after  ten  weeks' 
hard  labor,  passed  three  bills,  and  one  of  these  was 
vetoed  by  the  Governor. 

"  23.— the  New  York  City  Viaduct  Railway  Bill 
passed  by  the  Senate  of  New  York. 
"  25. — A  meteor,  so  brilliant  as  to  cast  a  shadow,  seen 
at  New  York.  On  the  same  day,  a  fire  destroys 
$250,000  worth  of  property  in  the  city. 
<'  26. — The  Tennessee  reaches  Charleston  with  the  San 
Domingo  Commissioners. 

Great  American  Project  set  on  foot  to  explore  Pales- 
tine and  Jerusalem. 

«  31. — Magnificent  aurora;  a  great  cloud  of  blood-red 
in  the  north-east  sky;  the  sight  "to  be  remembered  a 
life-time."  During  the  month,  a  sun  spot  of  2,300,000 
square  miles  was  visible. 
April  2. — Two  sharp  earthquake  shocks  at  San  Fran- 
cisco, California, 

3-4. — Elections  in  Rhode  Island  and  Connecticut — 
Republican  victories. 

"  *8. — Roger  Williams'  statue  unveiled  at  Washingt'n. 
"  11.— Equal  Rights  Bill  passed  the  Mississippi  Legis- 
lature. 

<«   14._The  Ku-Klux  Bill  passes  the  U.  S.  Senate. 

"   17. — Nebraska  State  Insane  Asylum  at  Lincoln, 

burnt,  and  two  inmates  perish. 

«  18.— A  United  States  captain  and  14  soldiers  killed 
by  Indians  in  Texas. 

"   20.— Ku-Klux  Enforcement  Bill  passed  by  Congress 

and  signed  by  the  President. 

"  27. — Indians  massacre  whites  in  Dakota. 

A  new  line  of  steamers  projected  from  New  York  to 

Rome. 

"  28.— U.  S.  troops  shoot  85  Arizona  Indians. 
May  3.— Indian  battle  in  the  Pinal  Mountains,  Arizona, 
28  Apaches  killed. 

"     4. — Pres.  Grant  issues  a  Ku-Klux  Proclamation. 
"     7. — The  Joint  High  Commission  announce  a  treaty 
prepared. 


216 


CHRONOLOGICAL  EECOED. 


1871.    May  8. — ^U.  S.  troops  kill  or  wound  nearly  300  Indians 
in  a  battle  near  Laramie. 

"  11. — Williamson's  road  steamer  tried  on  Erie  Canal. 
"  12. — The  Anglo-American  treaty  made  public. 
"    15. — New  territorial  government  for  Washington  and 
the  District  of  Columbia  inaugurated. 
"  20. — Arizona  people  report  200  citizens  murdered  by 
the  Apaches. 

*'  21. — A  twelve  pound  aerolite  fell  at  Searsport,  Me. 
"  25. — The  Mountain  Indians  of  Arizona  declare  war 
against  the  whites. 

"   27. — Twenty-one  men  killed  and  six  more  wounded, 
in  a  coal  mine  at  Pittston,  Pennsylvania. 
June  1. — National  Ins.  Cong,  at  Washington  adjourned. 
The  Rhea  sunk,  and  eight  persons  drowned  near  New 
York. 

"  2. — Governor  Butler  of  Nebraska  impeached  and 
removed  from  office. 

Extraordinary  sulphurous  cyclone  near  Macon,  111. 
"     3. — Ex-Cong.  Bowen  found  guilty  of  bigamy. 
"     4. — U.  S.  Army  reduced  to  peace  footing,  35,284. 
"     6. — Grand  reception  to  Indian  Chiefs  at  Boston. 
"   10. — Unveiling  of  the  Morse  statue  in  Central  Park, 

New  York. 

"  11. — Immense  forest  fires  in  Maine. 

"   12. — The  Gregorian  Calendar  adopted  in  Alaska  to 

bring  Sunday  right. 

Inauguration  day  in  New  Hampshire. 

"  16. — A  telegram  from  Hong  Kong  reaches  New 
York,  15,000  miles,  and  is  published  in  the  daily  pa- 
pers next  morning. 

"   19. — National  Musical  Congress  in  Boston. 
Earthquake  at  Long  Island  and  in  New  Jersey. 
Singular  sinking  of  a  canal  bottom  in  Morris,  N.  J. 
"   23. — Terrific  thunder  storm  at  Chicago. 
"   25.— Alabama  Claims,  footed  up  to  be  $12,830,384. 
"  24-25. — Government    teamsters   attacked   by  250 
Cheyennes  at  Fort  Hill ;  eight  killed,  and  three  more 
burnt  at  the  stake. 

"  29. — Captain  Efall  leaves  New  York  in  the  Polaris 
for  the  North  Pole. 
July  3. — The  missionary  ship  Morning  Star  arrives  at 
Honolulu. 

"  5. — The  Great  Washington  Treaty  proclaimed  by 
the  President. 

"     8. — Tidal  wave  on  Lake  Superior — cause  unknown. 


CHKONOLOGICAL  EECOKD.  217 

1.  Julj  11.— Superintendent  Kelso,  of  N.  Y.,  forbids  the 
Orange  display,  and  Gov.  Hoffman  revokes  his  order. 
-D  ^^•~'J!,ei'"ble  conflict  in  New  York  between  the 
Koman  Catholic  Irish,  and  the  National  Guards  and 

•rolice.    62  persons  killed,  and  137  wounded. 

I!  Amherst  confers  LL.  D.  upon  Horace  Greeley. 

19.— Earthquake  in  all  New  England. 

"   22.— The  most  remarkable  aurora  ever  witnessed 

observed  at  Springfield,  Mass.,  and  elsewhere.  ' 

"  24.— United  States  Scientific  expedition  to  Brazil 

leaves  New  York. 

II  28.— The  Polaris  heard  from  at  Newfoundland. 
'30.— The  "Westfield"  explodes  her  boilers  at  New 
York.    Of  the  400  persons  on  board,  106  were  killed, 
and  111  more  or  less  injured.    Com.'s  loss  $500,000. 
lidal  wave  5  feet  high  on  Lake  Winnepisseogee,  New 
Hampshire.    It  was  the  first  ever  seen  there. 
Aug.  1.— Women  admitted  to  Burlington,  Vermont  Uni- 
versity. ^  ' 

*L        Fraudulent  sale  of  $9,000,000,  Rockford  and 
bt.  Louis  bonds  in  Frankfort. 
II     4.— Formidable  Indian  raids  in  Montana. 
•    V      — ^^ifcro-glycerine  exploded  in  Hoosac  Tunnel  by 
hghtning.    Three  men  killed. 

15;— Doctor  Hall  heard  from,  at  Holsteinburg,  Swe- 
den (July  31).  ^' 
"   16.— twentieth  annual  meeting  of  the  American" 
fecience  Association  at  Indianapolis,  Indiana. 
It  is  decided  to  prosecute  the  "  Tammany  "  thieves 
u  or  ~9^'®^*^  Pension  frauds  discovered  at  Wash 

25.— Duluth  Canal  opening. 
''.^^•—"^'^^n^G  hurricane  in  the  Gulf  and  along  the 
Atlantic  coast. 
Alarming  fires  in  Michigan. 

Eailroad  Horrors.  33  persons  killed  and  50  iniured 
at  Revere,  near  Boston.  20  killed  or  wounded  at  West- 
port,  Pennsylvania.  6  killed  and  20  wounded  at  Will- 
lamsport,  Pennsylvania. 

'[•i^'^'TT^,^^^°^®^  ^^^^^  ^^^^  exploded  boilers  at  Mo- 
bile Alabama.    70  persons  killed  or  badly  injured. 

^y.— Great  losses  by  floods  in  Central  New  York 
and  Maine. 

''^^.■~^^^^}y  9<^^^'^Gthetween  soldiers  and  citizens  at 
iVieridian,  Mississippi. 

19 


218 


CHRONOLOGICAL  KECOED. 


1871.    Sept.  4.— Destructive  hurricane  at  Windem,  Minnesota. 

«»     5. — American  Pomological  Society  meets  at  Eich- 
mond,  Virginia. 

u     8.— Mooshillock  Mountain,  N.  H.,  5,050  feet  high, 

made  a  United  States  signal  service  observatory. 

"     9. — The  116th  nev^r  planet  discovered  by  America. 

»  1-1*0.— Appalling  disaster  to  an  American  whaling 

fleet  in  the  Arctic  Ocean— 33  vessels  destroyed  and 

abandoned. 

u   |9_ — Nebraska  votes  on  a  new  constitution. 

«   20  — Tidal  wave  alarm  on  all  the  south  Atlantic 

"^^28^— National  Commercial  convention  at  Baltimore. 
*'  29.— The  committee  of  "  Seventy"  sue  the  Tammany 

•r'sO —Prof.  Wilbur  fell  from  his  balloon  at  the  height  . 
of  a  mile,  at  Paoli,  Indiana. 
*Q(jt.  1.— International  money  order  system  goes  into 
operation. 

ii  2.  Brigham  Young  indicted  and  arrested. 

u  3. — Sixty-second  annual  session  of  A.  B.  C.  F.  M.,  at 
Salem,  Massachusetts. 

H  3. —Protestant   Episcopal  Triennial  convention  at 

Baltimore.  .      .  •  tst 

"  5 —Terrible  forest  fires  ragmg  in  Wisconsin,  Wy- 
oming, Arizona,  etc.  .  . 
"  8.— Election  riots  in  Philadelphia— many  injured. 

u  9_io  The  greatest  conflagration  on  record  occurred 

at  Chicago.  About  18,000  buildings  of  descriptions 
were  consumed,  and  the  loss  put  at  from  $250,000,000 
to  $300  000,000,  and  from  100  to  500  persons  perished 
in  the  flames,  while  90,000  persons  were  made  house- 
less and  suffering.  .  J  TIT-  U- 
li  9_i2  —Awful  forest  fires  in  Wisconsin  and  Michigan, 
and  whole  towns  destroyed.  The  Chicago  Tribune  says 
in  Wisconsin  and  Michigan  alone  at  least  90,000  peo- 
ple have  lost  all  their  possessions  by  fire.  In  all  these 
western  fires  it  is  estimated  that  3,000  persons  perished 
in  one  week.  ^  •  i  n  j  ■ 
"  12.— Pre-historic  skeletons  8  or  9  feet  high  lound  m 

Virginia. 

u  13  — Encke's  comet  seen  by  New  Haven  astronomers. 
"  14.— Chicago  relief  fund  reaches  $3,000,000. 
«  16.— Martial-law  in  Texas.  ^ 
ii  17  18  —Celebration  of  the  completion  of  European 
and  N.'a.  E.  E.,  at  Bangor,  Me.,  Pres.  Grant  present. 


CHRONOLOGICAL  EEOOKD. 


219 


1871.    Oct.  21. — Mormon  Hawkins  convicted  of  adultery. 
"  23. — ^National  Police  convention  at  St.  Louis. 

24. — National  Insurance  convention  at  New  York, 
"   24.-2,500  Mormon  Women  petition  Congress  in 
favor  of  Polygamj'-. 

Terrible  riot  in  Los  Angeles,  Cal.— 19  Chinese  killed. 
"  23,  24. — Extensive  forest  fires  in  western  New  York, 
"  27.— Tweed  arrested  and  released  on  $2,000,000  bail. 
"  28. — Brigham  Young  and  his  son  indicted  for  mur- 
der. 

"  29. — Day  of  fasting  and  prayer  at  Chicago. 
"  30. — Gov.  Bullock,  of  Georgia,  disafi"ected,  resigns. 
Nov.  4.— $500,000  fraud  discovered  in  the  Indian  Bounty 
Department  at  Washington. 

"  6. — New  York  orders  four  regiments  under  arms  for 
to-morrow's  election. 

"  7.— Election  day  in  9  States— Republican  victories. 
"  9- — An  Aurora  so  bright  in  New  York  as  to  "  cast 
shadows." 

"  9.— A  meteor  fell  and  rolled  along  the  ground  beside 
a  moving  carriage,  in  South  Easton,  Massachusetts. 
"  12. — Fred.  W.  Loring  and  six  others  killed  on  a  stage 
coach  in  Arizona. 

"  14. — Extraordinary  storm  from  Europe  to  California — 
many  Atlantic  cities  flooded. 

"  15.— American  and  British  Claims  Commissioners 
meet  at  the  National  Capitol. 

"  15. — Gloucester  fishing  season  ends.  It  has  been  the 
most  destructive  to  life  and  property  of  any  for  many 
years. 

"  16. —The  "Auk,"  an  Arctic  bird,  visits  New  England 
for  the  first  time. 

"  17. — Gen.  Sherman  and  staff  leave  in  the  Wabash  for 
Europe. 

"  18. — The  Russian  fleet  with  the  Duke  Alexis  arrives 
in  New  York. 

"  23. — Duke  Alexis  visits  the  Capitol  and  the  President. 
*'  25. — Catacazy  dismissed  and  Gen.  Orloff  made  Charge 
d' Affaires  of  the  Russian  legation. 
"  28. — The  Supreme  Court  of  New  York  pronounces 
mock  marriages  legal. 
**  30. — National  Thanksgiving  day. 
Dec.  2. — United  States  and  England  threaten  to  interfere 
in  Cuban  e^ffairs, 

"   2. — Sec.  Boutwell  reports  a  decrease  in  the  Na- 
tional debt  of  $94,327,708.84,  during  the  fiscal  year. 


220 


CHEONOLOGICAL  EECOKD. 


1871.  Dec,  5. — Agricultural  congress  at  Selma,  Alabama.^ 

«'  '  6. — National  Board  of  Trade  meets  at  St.  Louis. 
a   11  —Expense  of  the  United  States  Census  reported 
to  be  $3,287,600.  ^  ^  ^ 

«   14 —The  Apportionment  Bill  passed  by  Congress, 
the  House  to  consist  of  283  members. 

««   18.  Bill  introduced  into  Congress  to  incorporate 

a  Company  who  are  to  girdle  the  earth  with  a  tele- 
graph. 

20.— Gold  1081 ;  the  lowest  since  1862. 
"        a   27.— Tweed,  of  the  NeAV  York  Ring,  disappears. 

«'  30. —The  New  York  Ring  entirely  broken  up. 
Some  imprisoned.  .      •  .     «>  ^ 

1872.  Feb.  2.— Congress  reports  a  bill  for  carrying  into  eflect 

the  treaty  with  Great  Britain. 

March  28.— The  Tariff  Bill  passes  the  United  States  ben- 
ate     The  income  tax  is  abolished. 

April  2.— Death  of  Prof.  S.  F.  B.  Morse,  aged  81  years. 

June  4.— Passage  of  the  Tax  and  Tariff  Bill,  causing  a 
diminution  in  the  revenue  of  $53,000,000. 
<«   17.— Grand  Musical  Festival  and  Peace  Jubilee  at 
Boston ;  2000  instruments,  20,000  singers, 
n  20.— Indirect  claims  ruled  out  by  Geneva  Board. 
United  States  Government  assents.  tt  •  j 

July  29.— Geneva  Tribunal  decides  in  favor  of  the  United 
States  in  the  Florida  case. 

"   31.  Two  new  asteroids  discovered  by  Dr.  Peters 

at  Utica.  . 
Aug.  23.— First  vessel  of  Japan  to  an  American  port 

reaches  San  Francisco.  .      ,  . 

gept  6  —The  Geneva  Board  conclude  their  arbitrament. 

f<   14.— Geneva  award  announced— $15,500,000  in  gold. 
Oct.  21.— Verdict  of  Emperor  William  of  Germany  on 
the  San  Juan  question,  in  favor  of  the  United  States. 

i'     9_10  The  great  fire  in  Boston.    80  acres  burned 

over.    Loss  $80,000,000. 
Nov.  29.— Death  of  Horace  Greeley,  aged  61  years. 
Jan.  2.— Militia  preparing  to  attack  the  Modocs  m  Ore- 

S^^'e.— Opening  of  testimony  in  Credit  Mobilier  trial. 
"     7.— Stokes  sentenced  to  be  hung  Feb.  28. 
««  27.— First  repeal  of  the  Franking  Privilege.  ^ 
Eeb.  6.— Discovery  of  a  planet  of  the  tenth  magnitude 

by  Dr.  Peters,  of  Clinton,  N.  Y. 
March  2.— Passage  of  "Salary  Grab." 


1873. 


CHEONOLOGICAL  EECOED. 


221 


1873.  April  I. — Steamship  "Atlantic"  wrecked  off  Nova  Sco- 

tia ;  546  lives  lost. 
April  11.— Gen.  E.  R.  S.  Canby  and  Rev.  E.  Thomas, 
1).  D.,  treacherously  murdered  by  the  Modoc  Indians 
at  a  peace  conference  in  Northern  California. 
**   30. — Three  acres  of  the  business  part  of  Boston 
burned. 

May  9. — Loss  of  the  steamer  Polaris,  and  death  of  Capt. 
Hall. 

June  5. — Arrival  of  the  Polaris'  survivors  in  Washing- 
ton. 

Sept.  18. — Suspension  of  Jay  Cooke  &  Co. 
"    19. — Failure  of  nineteen  banking  firms  in  New 
York  and  eleven  in  Philadelphia. 

Oct.  31. — Capture  of  the  Steamer  Virginius  by  the  Span- 
ish gun-boat  Tornado,  near  Jamaica. 

Nov,  4-7. — ^Massacre  of  many  of  the  officers  and  passen- 
gers of  the  Virginius. 

"  14. — United  States  war  steamers  sailed  for  Cuban 
waters. 

"   27. — The  Hoosic  Tunnel  opened. 
Dec.  8. — Repeal  of  the  Tron-clad  Oath  in  the  United 

States  House  of  Representatives. 

"    11. — Sen.  Carpenter,  of  Wisconsin,  elected  pro 
tern.  President  of  Ihe  United  States  Senate. ' 
"   14. — Death  of  Prof.  Agassiz. 

1874.  Jan.  10.— The  miners'  revolt  at  Pottsville,  Pa.  9000  men 

protest  against  the  monopolists. 

"    13. — Political  excitements  in  Louisiana. 
Feb.  7. — Women's  temperance  crusade  begins  in  Ohio. 

"   11. — Grangers'  National  Convention  at  St.  Louis. 
March  8. --Ex-president  Millard  Fillmore  died. 

"   11. — Death  of  Sen.  Sumner. 
April  15. — Destructive  floods  in  the  Cumberland  and 

Tennessee  Rivers. 

"   21. — Grant  vetoes  the  Finance  Bill. 
"    "  — A  pitched  battle  fought  between  the  Brooks 
and  Baxter  forces  in  Arkansas. 
May  5. — Two  hundred  thousand  people  made  homeless 
by  the  Louisiana  floods. 

8. — Devout  Catholics,  of  New  York,  prepare  for  a 
pilgrimage. 

"   17. — Bursting  of  Goshen  (Mass.)  reservoir.  150 
lives  lost;  $1,500,000  worth  of  property  destroyed. 
"  _  22. — United  States  Senate  passes  the  Civil  Rights 


222 


CHKONOLOGICAli  RECORD. 


1874.  June  10. — Military  ordered  to  scene  of  Hocking  YaJley 

(Ohio)  coal  strikers. 

"   24.— Fall  of  church  in  Syracuse,  N.  Y.    20  killed, 
150  wounded. 
July  1. — ^Abduction  of  Charlie  Ross  at  Germantcwn. 
"     4. — Opening  of  the  Great  Bridge  at  St.  Louis. 
"     7. — Serious  outbreak  of  Comanches  and  Cheyennes 
in  Indian  Territory. 

"   14. — Second  great  conflagration  in  Chicago. 

"  27. — Great  flood  in  Pittsburg.    Immense  loss  of 

life. 

Aug.  22. — Serious  riot  between  the  whites  and  blacks 
at  Lancaster,  Ky. 

Sept.  14. — Insurrection  in  Louisiana.    Attempt  to  over- 
throw^ the  State  Government.    20  persons  killed. 

Oct.  15. — ^Unveiling  of  Lincoln  Statue  at  Sprinfield,  111. 
*•  24. — Heavy  mercantile  failures  in  Boston. 

Nov.  1.— Riot  at  Pottsville,  Pa. 
»   17. — Terrible  fires  raging  in  the  coal  mines  under 
Pittsburg,  Pa. 

«'   29. — Arrival  of  King  Kalakaua  in  San  Francisco. 
Dec.  7. — Vicksburg  is  attacked  by  700  negroes  who  are 

defeated,  with  20  killed. 
, "     9. — The  transit  of  Yenus. 

1875.  Jan.  4. — Louisiana  Legislature  taken  possession  of  by 

United  States  troops. 

"     5. — Opening  of  Beecher-Tilton  trial, 

"  26. — ^Attempt  to  burn  the  Navy  Department  at 

Washington. 

Feb.  6. — Civil  Rights  Bill  passed  by  United  States 

House  of  Representatives. 

"  24. — Colorado  admitted  as  a  State. 

"  26. — ^Ann  Eliza  Young  obtains  a  divorce  from 

Brigham  Young,  with  alimony. 
March  15. — Archbishop  McCloskey  created  a  Cardinal. 

««   16, — ^Yirginius  matter  settled  with  Spain  for  $80,000 

in  gold. 

"  28. — The  fifth  anniversary  of  the  American  Tract 
Society,  celebrated  in  New  York. 
April  23. — Lieut.  Henley  fights  the  Red  Skins  in  Kan- 
sas.   27  killed. 

"  26.— Fifty-sixth  anniversary  of  '''  I.  O.  0.  F." 
May  10. — Gigantic  whisky  frauds  brought  to  light  by 

Secretary  Bristow. 
June  10.— The  new  cable  of  the  "  Direct  United  States 

Cable  Co."  completed. 


PKES.  AND  VICE  PRES.  OF  THE  U.  S. 


223 


1875,    June  17— Great  demonstration  in  Boston  at  anniversary 
of  Battle  of  Bunker  Hill. 

"   18.— Slight  shock  of  earthquake  through  parts  of 
Ohio  and  Indiana. 
July  2. — Disagreement  of  jury  in  Beecher  trial.  Nine 
for  acquittal ;  three  for  conviction. 


PRESIDENTS  AND  VICE  PRESIDENTS  OF  THE 
UNITED  STATES. 

FIRST  ADMINISTRATION.     1789-97.     8  YEARS. 

1789.  -George  Washington,  Virginia,  President. 

John  Adams,  Massachusetts,  Vice  President. 

SECOND  ADMINISTRATION.     1797-1801.     4  YEARS. 

1797.    John  Adams,  Massachusetts,  President. 

Thomas  Jefferson,  Virginia,  Vice  President. 

THIRD  ADMINISTRATION.     1801-9.     8  YEARS. 

1801.    Thomas  Jefferson,  Virginia,  President. 

Aaron  Burr,  New  York,  Vice  President. 
1805.    George  Clinton,  New  York,  Vice  President. 

FOURTH   ADMINISTRATION.     1809-17.     8  YEARS. 

1809.    James  Madison,  Virginia,  President. 

George  Clinton,  New  York,  Vice  President. 
1813.    Elbridge  Gerry,  Massachusetts,  Vice  President. 

FIFTH  ADMINISTRATION.     1817-25.     8  YEARS. 

1817.    James  Monroe,  Virginia,  President. 

Daniel  D.  Tompkins,  New  York,  Vice  President.  . 

SIXTH  ADMINISTRATION.     1825-29.     4  YEARS. 

1825.    John  Q.  Adams,  Massachusetts,  President. 

John  C.  Calhoun,  South  Carolina,  Vice  President, 

r 


224  PEES.  AND  VICE  PEES.  OF  THE  U.  S. 

SEVENTH  ADMINISTRATION.     } 829-3 7.     8  YEARS. 

1829.    Andrew  Jackson,  Tennessee,  President. 

John  C.  Calhoun,  South  Carolina,  Vice  President. 
1833.    Martin  Van  Buren,  New  York,  Vice  President. 

EIGHTH    ADmNISTRATION.     1837-41.     4  YEARS. 

1837.    Martin  Van  Buren,  New  York,  President. 

Richard  M.  Johnson,  Kentucky,  Vice  President. 

NINTH  ADMINISTRATION.     1841-45.     4  YEARS. 

1841.    William  H.  Harrison,  Ohio,  President. 

John  Tyler,  Virginia,  Vice  President.     Became  Pres't. 

TENTH  ADMINISTRATION.      1845-49.     4  YEARS. 

1845,    James  K.  Polk,  Tennessee,  President. 

George  M.  Dallas,  Pennsylvania,  Vice  President. 

ELEVENTH  ADMINISTRATION.     1849-53.     4  YEARS. 

1849.  Zachary  Taylor,  Louisiana,  President. 

1850.  Millard  Fillmore,  New  York,  Vice  Prest.  Became  Prest. 

TWELFTH  ADMINISTRATION.     1853-57.     4  YEARS. 

1853.    Franklin  Pierce,  New  Hampshire,  President. 

Wm.  R.  King,  Alabama,  Vice  Pres't.    (Died  April  18.) 

THIRTEENTH    ADMINISTRATION.     1857-61.     4  YEARS. 

1857.    James  Buchanan,  Pennsylvania,  President. 

John  C.  Breckinridge,  Kentucky,  Vice  President. 

FOURTEENTH  ADRHNISTRATION.     1861-69.      8  YEARS. 

1861.    Abraham  Lincoln,  Illinois,  Pres't.    (Assassinated  1865.) 

Hannibal  Hamlin,  Maine,  Vice  President. 
1865.    Andrew  Johnson,  Tennessee,  Vice  Prest.  Became  Prest. 

FIFTEENTH  ADMINISTRATION.     1869-77.     8  YEARS. 

1869.    Ulysses  S.  Grant,  Illinois,  President. 

Schuyler  Colfax,  Indiana,  Vice  President. 
1873.    Henry  Wilson,  Massachusetts,  Vice  President. 


BATTLES  OF  THE  SEVERAL  WARS  OF 
THE  UNITED  STATES. 


NAVAL  BATTLES  OF  THE  SECOND  WAR  WITH 
ENGLAND. 


Dates. 


1812. 

August  13  

August  19  

October  18  

October  25  

December  29.. 

1813. 
February  24... 

June'  1  

August  14  

September  5... 
September  10. 

1814. 

March  28  

April  29  

June  28  

September  1... 
September  11 . 
December  14,. 

1815. 
January  15.... 
February  20... 
March  23  


Wheee  Fotjght. 


Off  Newfoundland  

Off  Massachusetts  

Off  North  Carolina  

Near  Canary  Islands... 
Off  San  Salvador  


Off  Demarara  

Massachusetts  Bay. 

British  Channel  

Off  Coast  of  Maine. 
Lake  Erie  


Harbor  of  Valparaiso. 
Off  Coast  of  Florida.... 
Near  British  Channel. 

Near  Africa  

Lake  Champlain  

Lake  Borgne  


Off  New  Jersey  

Off  Island  of  Maderia. 
Off  Brazil  


Vessels. 


American. 


ConstUution. 
Wasp. 

United  States. 
Constitution. 

Hornet. 
Chesapeake. 
Argus. 
Enterprise. 
9  Vessels. 

Essex. 
Peacock. 
Wasp. 
Wasp. 
14  Vessels. 
5  Gunboats. 

President. 

Constitution. 

Hornet. 


British. 


Alert. 

Guerriere. 

Frolic. 

Macedonian. 

Java. 

Peacock. 
Shannon. 
Pelican. 
Boxer. 
6  Vessels. 

Phebe. 

Epervier. 

"Reindeer. 

Avon. 

17  Vessels. 

40  Barges. 

Squadron. 

Cyone. 

Penguin. 


*  Name  of 


successful  vessel  in  italics. 

(225) 


* 


IMPORTANT  BATTLES  OF  U.  S. 


Principal  Battles  of  tlie  Prencli 
and  Indian  War. 

F.  French  victorious. 
B.  Britisii  victorious. 
1754. 

B.  Great  Meadows,  May  28. 
F.  Fort  Necessity,  July  4. 
1755. 

F.  Monongabela,  July  9. 
F.  Lake  George,  Sept.  8. 

1756. 

F.  Oswego,  Aug.  14. 
F.  Kittanning,  Sept.  8. 

1757. 

F.  Fort  William  Henry,  Aug.  9. 
1758. 

F.  Ticonderoga,  July  8. 
B.  Louisburg,  July  26. 
B.  Fort  Frontenac,  Aug.  27. 
B.  Fort  Duquesne,  Nov.  25. 
1759. 

B.  Fort  Niagara,  July  25. 

F.  Montmerenci,  July  31. 

B.  Plains  of  Abraham,  Sept.  13. 

B.  Quebec,  Sept.  18. 

1760. 

B.  Silleny,  April  28. 
B.  Montreal,  Sept.  8. 


Principal  Battles  of  the  Amer- 
ican Eevolntion. 

A.  AmericaDS  victorious. 

B.  Bx'itish  victorious. 

1775. 

B.  Lexington,  April  19. 
B.  Bunker  Hill,  June  17. 
B.  Quebec,  Dec.  31. 
(226) 


1776. 

A.  Fort  Moultrie,  June  28. 

B.  Long  Island,  Aug.  27. 
B.  White  Plains,  Oct.  28. 

B.  Fort  Washington,  Nov.  16, 
A.  Trenton,  Dec.  16. 

1777. 

A.  Princeton,  Jan.  3. 

B. -  Ticonderoga,  July  5. 

A.  Bennington,  Aug.  16. 

B.  Brandywine,  Sept.  11. 

A.  Stillwater,  Sept.  19. 

B.  Paoli,  Sept.  20. 

B.  Germantown,  Oct.  4. 

B.  Fort  Clinton,  Oct.  6. 

B.  Fort  Montgomery,  Oct.  6. 

A.  Saratoga,  Oct.  7. 

A.  Fort  Mercer,  Oct.  22. 

A.  Fort  Mifflin,  Oct.  22. 

B.  Fort  Mifflin,  Nov.  16. 

1778. 

A.  Monmouth,  June  28. 

B.  Wyoming,  July  3. 

A.  Rhode  Island,  Aug.  29. 

B.  Savannah,  Dec.  29. 

1779. 

A.  Kettle  Creek,  Feb.  14. 

B.  Brier  Creek,  March  3. 
B.  Stone  Ferry,  June  20. 

A.  Stony  Point,  July  15. 

B.  Penobscot,  Aug.  13. 
B.  Savannah,  Oct.  9. 

1780. 

B.  Charleston,  May  12. 

A.  Springfield,  N.  J.,  June  23. 

B.  Rocky  Mount,  July  30. 

A.  Hanging  Rock,  Aug.  6. 

B.  Sander's  Creek,  Aug.  16. 
B.  Fishing  Creek,  Aug.  18. 
A.  King's  Mountain,  Oct.  7. 

1781. 

A.  Cowpens,  Jan.  17. 

B.  Guilford  Court  House,  March  15. 
B.  Fort  Griswold,  Sept.  6. 


IMPORTANT  BATTLES  OF  U.  S. 


227 


B.  Eutaw  Springs,  Sept.  8. 
A.  Yorktown,  Oct.  19. 


Principal  Battles  of  tlie  Second 
War  with  England. 

A.  Americans  victorious. 

B.  British,  victorious. 

1812. 

B.  Brownstown,  Aug.  5. 

A.  Brownstown  (second),  Aug.  9. 

B.  Queenstown,  Oct.  13. 

1813. 

B.  Frenchtown,  Jan.  22. 
A.  York,  April  27. 
A.  Fort  Meigs,  May  5. 
A.  Sacket's  Harbor,  May  29. 
A.  Fort  Stephenson,  Aug.  2. 
A.  Thames,  Oct.  5. 

A.  Chrysler's  Field,  Nov.  11. 

1814. 

B.  La  Colle,  March  30. 
A.  Chippewa,  July  5. 

A.  Lundy's  Lane,  July  25. 

A.  Fort  Erie,  Aug.  15. 

B.  Bladensburg,  Aug.  24. 

A.  Plattsburg,  Sept.  11. 

B.  North  Point,  Sept.  12. 
A.  Fort  McHenry,  Sept.  13. 
A.  Fort  Bowyer,  Sept.  15. 
A.  Fort  Erie,"'Sept.  17. 

A.  Near  New  Orleans,  Dee.  23. 

1815. 

A.  New  Orleans,  Jan.  7. 


Principal  Battles  of  tlie  "War 
with  Mexico, 

Americans  victorious  in  every  battle. 

1846. 
Palo  Alto,  May  8. 
Bcsaca  de  la  Palma,  May  9. 
y^nterey,  Sept.  23. 
P  %cito,  Dec.  25. 


1847. 

Beuna  Vista,  Feb.  23. 
Vera  Cruz,  Feb.  27. 
Sacramento,  Feb.  28. 
Cerro  Gordo,  April  18. 
Contreras,  Aug.  20. 
Churubusco,  Aug.  20. 
Molino  del  Rey,  Sept.  8. 
Chepultepec,  Sept.  12,  13. 


Battles  of  the  Great  Rebellion. 

U.  Union  army  victorious. 
C.  Confederate  army  victorious. 
1861. 

U.  Fairfax  C.  H.,  Va.,  June  3. 

C.  Big  Bethel,  June  10. 

C.  Carthage,  Mo.,  July  5. 

U.  Laurel  Hill,  Va.,  July  10. 

U.  Rich  Mountain,  July  11. 

U.  Carrick's  Ford,'Va.,  July  13. 

C.  Scragtown,  Va.,  July  13. 

C.  Blackburn  Ford,  July  18. 

C.  Bull  Run,  July  21. 

C.  Wilson  Creek,  Mo.,  Aug.  10. 

TJ.  Boone  C.  H.,  Va.,  Sept.  1. 

U.  Carnifex  Ferry,  Va.,  Sept.  10. 

U.  Cheat  Mountain,  Va.,  Sept.  12. 

U.  Papinsville,  Mo.,  Sept.  21. 

U.  Romney,  Va.,  Sept.  24. 

U.  Santa  Rosa  Island,  Fla.,  Oct.  9, 

U.  Fredericktown,  Mo.,  Oct.  21. 

C.  Ball's  Bluff,  Oct.  21. 

U.  Wild  Cat,  Ky.,  Oct.  21. 

U.  Romney,  Va.,  Oct.  25. 

U.  Springfield,  Mo.,  Oct.  26. 

U.  Gauly  Bridge,  Va.,  Nov.  1. 

U.  Forts  Walker  and  Beauregard, 
at  Port  Royal,  Nov.  7 — cap- 
tured. 

C.  Belmont,  Mo.,  Nov.  7. 
U.  Piketon,  Ky.,  Nov.  11. 
U.  Camp  Allegheny,  Dec.  13. 
Drawn.    Mumfordville,  Kentucky, 

Dec.  17. 
U.  Drainsville,  Va.,  Dec.  20. 
1862. 

TJ.  Port  Royal  Island,  Jan.  2. 
U.  Huntsville,  Mo.,  Jan.  4. 


228 


IMPOETANT  BATTLES  OF  U.  S. 


U.  Prestonburg,  Ky.,  Jan.  10. 

U.  Mill  Springs,  Ky.,  Jan.  19. 

U.  Fort  Henry,  Ky.,  Feb.  6. 

U.  Fort  Donelson,  Feb.  16. 

C.  Ft.  Craig,  New  Mexico,  Feb.  21. 

U.  Pittsburg  Landing,  March  2. 

U.  Pea  Ridge,  Ark.,  March  8. 

U.  Newbern,  N.  C,  March  14. 

U.  Winchester,  Va.,  March  23. 

U.  Valle's  Ranch,  New  Mexico, 
March  28. 

U.  Putnam's  Ferry,  Ark.,  April  1. 

U.  Shiloh,  April  6,  7. 

U.  Island  No.  10,  April  8— sur- 
rendered. 

U.  Fort  Pulaski,  April  11. 

U.  Camden,  N.  C,  April  19. 

U.  Parotta,  N.  M.,  April  23. 

U.  New  Orleans,  April  25 — cap- 
tured. 

U.  Monterey,  Tenn.,  May  3. 
U.  Williamsburgh,  Va.,  May  5. 
U.  West  Point,  Va.,  May  7. 
U.  McDowell,  Va.,  May  8. 
C.  Farmington,  Miss.,  May  9. 
U.  Louisburgh,  Va.,  May  23. 
C.  Front  Royal,  Va.,  May  23. 
U.  Bottom  Bridge,  Va.,  May  24. 
U.  Corinth,  May  27. 
U.  Fair  Oaks,  Va.,  May  31,  June  1. 
U.  Memphis,  June  6 — gunboats. 
U.  Union  Church,  Va.,  June  7. 
U.  Cross  Keys,  Va.,  June  8. 
C.  Port  Republic,  Va.,  June  9. 
C.  James  Island,  S.  C,  June  14. 
U.  Battles  before  Richmond,  June 

25— July  1. 
C.  Murfreesboro,  Tenn.,  July  13. 
U.  Fayetteville,  Ark.,  July  14. 
U.  Moore's  Hill,  July  28. 
U.  Baton  Rouge,  Aug.  6. 
U.  Cedar  Mountain,  Aug.  9. 
U.  Williamsport,  Tenn.,  Aug»  11. 
U.  Yellow  Creek,  Mo.,  Aug.  13. 
U.  Centreville,  Va.,  Aug.  28. 
C.  Bull  Run  (second),  Aug.  30. 
C.  Richmond,  Ky.,  Aug.  30. 
U.  Weldon,  Va.,  Aug.  31. 
C.  Chantilly,  Va.,  Sept.  1. 
U.  Bretton's  Lane,  Tenn.,  Sept.  1. 
U.  South  Mountain,  Md.,  Sept.  14. 
C.  Harper's  Ferry,  Sept.  15. 
U.  Antietam,  Sept.  17. 


C.  Munfordsville,  Sept.  17. 
TJ.  luka,  Miss.,  Sept.  19. 
C.  Augusta,  Ky.,  Sept.  27. 
U.  Corinth,  Miss.,  Oct.  4. 
U.  Perryville,  Ky.,  Oct.  8,  9. 
U.  Maysville,  Ark.,  Oct.  22. 
U.  Fayetteville,  Ark.,  Oct.  28. 
U.  Cone  Hill,  Ark.,  Nov.  28. 
TJ.  Prairie  Grove,  Ark.,  Dec.  7. 
C.  Fredericksburg,  Va.,  Deo.  13. 
U.  Kingston,  N.  C,  Dec.  14. 
U.  Dumfries,  Va.,  Dec.  23. 
U.  Van  Buren,Ark.,  Dec.  28. 
C.  Vicksburg,  Dec.  28,  29. 
U.  Murfreesboro,  Dec.  31 — Jan.  4, 
1863. 

1863. 

U.  Arkansas  Post,  Jan.  10. 

U.  Deserted  House,  Va.,  Jan.  SO. 

U.  Kelley's  Ford,  Va.,  March  17. 

U.  Milton,  Tenn.,  March  20. 

U.  Cottage  Grove,  Tenn.,  March  21. 

U.  Franklin,  Tenn.,  April  8. 

U.  Fayetteville,  Ark.,  April  18. 

C.  Beverly,  Va.,  April  24. 

C.  Fairmount,  W.  Va.,  April  30 

U.  Port  Gibson,  May  1. 

C.  Fredericksburg,  May  3-5. 

U.  Farnden's  Creek,  Miss.,  May  12. 

U.  Jackson,  Miss,,  May  14. 

U.  Baker's  Creek,  Miss.,  May  16. 

U.  Big  Black  River  Bridge,  Miss., 

May  17. 
U.  Belle  Plain,  La.,  May  21. 
C.  Port  Hudson,  May  27. 
U.  Triune,  Tenn.,  June  11. 
U.  Gettysburg,  Penn.,  July  1-3. 
U.  Helena,  Ark.,  July  4. 
C.  Fort  Wagner,  July  18. 
U.  Kelly's  Ford,  Aug.  1. 
U.  Grenada,  Miss.,  Aug.  17. 
U.  Fort  Smith,  Ark.,  Sept.  1. 
C.  Chickamauga,  Sept.  19,  20. 
U.  Madison  C.  H.,  Va.,  Sept.  22. 
U.  Chattanooga,  Nov.  25. 
U.  Knoxville,  Nov.  29. 

1864. 

0.  Olustee,  Feb.  20. 

TJ.  Shreveport,  La.,  April  8. 

C.  Fort  Pillow — massacre,  April  12. 

U.  The  Wilderness,  May  5,  6. 


IMPOKTANT  BATTLES  OF  U.  S. 


229 


U.  Spottsylvania,  May  12. 

0.  Newmarket,  Va.,  May  15. 

U.  Dallas,  Ga.,  May  28. 

U.  Cold  Harbor,  Va.,  June  3.  » 

U.  Piedmont,  June  5. 

U.  Bottom  Bridge,  Va.,  June  12. 

U.  Lost  Mountain,  June  16. 

C.  Monocacy,  July  9. 

U.  Atlanta,  Ga.,  July  20. 

U.  Morefield,  Va.,  Aug.  7. 

U.  Dalton,  Ga.,  Aug.  15. 

U.  Winchester,  Va.,  Sept.  19. 

U.  Eisher's  Hill,  Sept.  22. 


U.  Cedar  Creek,  Oct.  19. 
U.  Blue  Kiver,  Mo.,  Oct.  23. 
U.  Hatcher's  Run,  Oct.  27. 
U.  Franklin,  Tenn.,  Nov.  30. 
U.  Nashville,  Dec.  16. 

1865. 

U.  Wilmington,  Feb.  22. 
U.  Kingston,  N.  C,  March  10. 
U.  Averyboro,  N.  C,  March  16. 
U.  Bentonville,  N.  C,  March  19. 
U.  Five  Forks,  Va.,  April  1. 
U.  Before  Richmond,  April  1-3. 


POPULATION  OF  THE  UNITED  STATES  AT  DECENNIAL  PERIODS. 


White  Per- 
sons. 


3,172,464 
4,304,489 
5,862,004 
7,861,937 
10,537,378 
14,195,695 
19,553,068 
26,964,930 
33,592,245 


Colored  Persons. 


59,466 

108,359 
186,446 
238,156 
319,599 
386,303 
434,495 
487,970 
4,886,387 


697,897 
893,041 
1,191,364 
1,538,038 
2,009,043 
2,487,455 
3,204,313 
3,953,760 


Total. 


757,363 
1,001,436 
1,377,810 
1,776,194 
2,328,642 
2,873,758 
3,638,808 
4,441,730 
4,886,387 


EMINENT  MEN  AND  WOMEN  OF  AMERICA. 


BORN  DIED 

Adams,  Abigail,  Authm-  ™  1818 

Adams,  Charles  Francis,  Statesman  „^ 

Adams,  Hannah,  ^itifTior  

Adams,  Isaac,  Inventor  

Adams,  John,  Second  President  ™ 

Adams,  John  Quincy,  Sixth  F'resident  i^o/  lo^ 

Adams,  Neuemiah,  ^m^/io?'  j^JJ^  .„^„ 

Adams,  Samuel,  Stah-sman   i:^? 

Agassiz,  Louis  John  Rudolph,  Naturalist   |»'^ 

Akers,  Benjamin  Paul,  Sculptor  

Alcott,  Amos  Bronson,  Educator  ^-'^^   

Alcott,  Louisa  May,  Author  —Z  ^g-Q 

Alcott,  William  Alexander,  Physician  Ly» 

Alden,  James,  Naval  officer    

Aldrich,  Thomas  Bailey,  ^wiTio?-  |»^o 

Alexander,  Archibald,  Clergyman  

Alexander,  James  Waddell,  Clergyman  1«IJ4  i»oy 

Alexander,  John  Henry,  Chemist  and  Physicist  1812  l«b7 

Alexander,  William,  Officer  and  Astronomer  iv^b  l/ttd 

Alger,  William  Rounseville,  Clergyman  and  Author   — 

Allen,  Eth an ,  Military  officer  \lf  ™ 

Allibone,  Samuel  Austin,  Author  joio  — 

Allston,  Washington,  Painter  j^'^ 

Ames,  Fish  er.  Statesman  1758  i»u» 

Anderson,  Robert,  Military  officer  •  18*^&  imi 

Andrew,  John  Albion,  Statesman. 


Bacon',  Leonard,  Clergyman  and  Author  1«02 

Bainbridge,  William,  Naval  officer. 


Ba.Yvy,  3 o\\n.  Naval  officer    

Bateman,  Kate  Josephine,  Actor  

Bates,  Joshua,  Philanthropist  ™  i»M 

Bayard,  James  Ash  ton ,  Statesman  I7b7  i»io 

Beach,  Moses  Yale,  Inventor..  1»00  i»b8 

Beaumont,  William,  Physician  

Beecher,  Catherine  Esther,  Author  

Beecher,  Henry  Ward,  Clergyman  and  Author  I8irf  — 

Beech  er,  Ly  m  h  n ,  Clergyman  f 

Bell,  John,  Statesman  ^  V'T";'/ lail 

Bellows,  Hen ry  Whit ney ,  Clergyman  and  Author   — 

Benjamin,  Park,  Journalist  

Bennett,  James  Gordon,  Journalist  J-»uu  J^o'J- 

230 


.1818  1867 
1766  1853 


1801 
1851 


Appleton, Samuel,  Philanthropist  i^oo 

Arnold,  Benedict,  Military  officer  

Audubon,  John  James,  Ornithologist  •  -i-'o^ 

Babbitt,  Isaac,  Inventor  1799  1862 

Bache,  Alexander  Dallas,  Physicist  icUo 

■*  it.h.nr  

1774  1833 


Baird,  Spencer  Fullerton,  Naturalist  18^3  — — 

Ball,  Thomas, /Sculptor   „ 

Ballou,  Hosea,  Clergyman  

Bancroft,  George,  Axitlior  •  ™ 

Banks,  Nathaniel  Prentiss,  >Sifaiesman  t»^b  — 

Barlow,  Joel,  Poet  •1755  ^ 

Barnard,  Henry,  Educator  •  |»^^ 

Barnes,  Albert,  Clergyman  1798  |»  u 

Barney,  Joshua,  Naval  officer  17oy  is^? 


1803 


EMINENT  MEN  AND  WOMEN.  231 


BORN  DIED 

BeiDton,  Thomas  Hart,  Statesman  1782  1858 

Bierstadt,  Albert.  Painter  1829   

Bigelow,  Jacob,  Physiitian  and  Author  1787 

Bigelow,  John,  Author  and  Editor  1817   

Blair,  Francis  Preston,  Journalist  and  Politician  1791  1875 

Boker,  George  Henry,  Poet  1828   

Bond,  William  Cl'?^\lQ,h ,  Astronomer  1789  1859 

Boone,  Daniel,  Pioneer  1735  1820 

Booth,  Edwin  F.,  Actor  1833   

Booth,  Junius  Brutus,  Actor  1796  1852 

Bowditch,  Nathaniel,  Mathematician  and  Astronomer  1773  1  838 

Bowdoin,  James,  Statesman  1727  1790 

Bowen,  Francis,  Author  1811   

Bowles,  Samuel,  Journalist  182(5   

Brace,  Charles  Loring,  Author  1826  1875 

Bradford,  William,  Pilgrim  1588  1657 

Bradstreet,  Anne,  Poet  1612  1672 

Breckinridge.  John  Cabell,  Statesman  1821  1875 

Brewster,  William,  Pilgrim  1566  ■  1644 

Brooks,  Charles  Timothy,  Clergyman  and  Author  1813   

Brown,  Charles  Brockden,  Novelist  1771  1810 

Brown,  George  L.,  Painter  1814   

Brown,  Goold,  Grammarian  1791  1857 

Brown,  John,  of  Ossaivottomie  1800  1859 

Brown,  Samuel  Gilman,  Educator  1813   ■ 

Browne,  Charles  F.,  Humorist  ,  1834  1867 

Bryant,  William  Cullen,  Poet  and  Journalist  1794   

Buchanan,  James,  Fifteenth  President  1791  1868 

Buckingham,  Joseph  Tin\LeY,  Journalist  1779  1861 

Buckminster,  Joseph  Stevens,  Clergyman  1784  1812 

Bullions,  Peter,  Grammarian  1791  1864 

Burges,  Tristam,  Orator  and  Jurist  1770  1853 

Burlingame,  Anson,  Statesman  and  BijJlomatist  1822  1870 

Burnside,  Ambrose  Everett,  Military  offioer  1824   

Burr,  A?^,xo\i,  Statesman  ...1756  1836 

Burritt,  Elihu,  Reformer  1811   

Burton,  W^illiam  Evans,  Comedian  ajid  Authm-  1802  1860 

Bushnell,  Horace,  Clergyman  and  Author  1802   

Butler,  Benjamin  Franklin,  Lawyer  and  Politician  1818   

Byles,  Mather,  Clergyman  1706  1788 


Calhoun,  John  Caldwell,  Statesman  ■  1782  185C 

Calvert,  George  Henry,  Author  1803   

Cameron,  Simon,  Statesman  1799   

Carey,  Matthew,  Political  writer  1760  1839 

C arn-11,  Charles,  of  Carroilton,  Patriot  1737  1832 

Carson,  Christopher,  Mountaineer  and  Guide  1809  1868 

Carver,  John,  Pilgrim    1621 

Gary,  Alice,  Poet  1820  1871 

Cass,  Lewis,  Statesman  1782  1866 

Cassin,  John,  Ornithologist  1813  1869 

Chtniniiig,  William  Ellery,  Clergyman  1780  1842 

Chase,  Samuel  Portland,  "isi;«^es«ian  1808  1873 

Cliauncey,  Charles,  Clergyman  1592  1672 

Clieever,  George  Bauell,  Clergyman  and  Author  1807   

Chickering,  Jonas,  Philanthropist  1798  1853 

Child,  Lydia  Maria,  Author  1802   

Choate,  Rufus,  Lawyer  and  Orator  1799  1859 

Clarke,  George  Rogers,  Military  officer  1752  1818 

Clarke,  James  Freeman,  Clergyman  and  Author  1810   

Clay,  Henry,  Orator  and  Statesman  1777  1852 

Clemens.  Samuel  Langhorne,  HumoTist  1835  — - 

Clinton  De  Witt,  Statesman  1769  1828 


232 


EMINENT  MEN  AND  WOMEN. 


Ellsworth,  Oliver,  Jurist. 


EmersoB,  George  Barrell,  Educator  .-•  

Emerson,  Ralph  Waldo,  Essayist  •  io^d 

Emory,  William  Helmsley,  Military  officer..  ioi^ 

Ericssou,  Joliu,  Inventor  


BOKN  DIED 

Cogswei],  Joseph  Green,  ScTwlar  1786  J 871 

Col  burn.  Warren,  Mathematician  j/y^ 

Cole,  Thomas,  Painter  1801  l»47 

Coleman,  William,  Journalist  I7bb  lbZ\) 

Coolly er,  Robert,  Clergyman  18i3  — 

Colt,  Samuel,  Inventor  1814  1»W 

Colton,  Calvin,  Clergyman  and  Author  1789  lbb7 

Cooper,  James  Feniniore,  Novelist  1789  1851 

Cooper,  Peter,  Philanthropist  1791  — — 

Copley,  John  Singleton,  Painter  17rf7  I8ld 

Cotton,  John,  Clergyman  lo85  IbH^ 

Crawford,  Thomas,  Sculptor  1814  1857 

Crittenden,  John  Jordan,  Lawyer  and  Senator  l/8b  18bd 

Curtis,  Benjamin  Robbins,  Jurist  1809  18/4 

Curtis,  George  Tieknor,  Jurist  and  Author  1812   

Curtis,  George  William,  Author  1824  

Crushing,  Caleb,  Politician  and  Jurist  ,  1800   

Cushman,  Charlotte  Saunders,  Actor  1816   

Dahlgren,  John  A.,  Naval  officer   1809  1870 

Dallas,  Alexander  James,  Statesman  and  Financier  1/59  1817 

Dallas,  George  Mifflin,  Statesman  1/9^  l«b4 

Dalton,  John  C,  Physiologist  lo^g  

Dana,  James  Dwigiit,  Physicist  i»irf 

Dana,  Richard  Henry,  Poet  and  Essayist  l/«7   

Dana,  Richard  Henry,  Jr.,  Laivyer  and  Writer  1815  — 

Dane,  Nathan,  Jurist  and  Statesman  w5^  -lodo 

Darley,  Felix  O.  C,  Artist  182^   

Davies,  Charles,  Mathematician  ....^  i/ys 

Davis,  Charles  Henry,  Mathematician  and  Naval  officer  1807 

Davis,  John,  Statesman  1'87 

Deane,  Silas,  Diplomatist...   I7d7 

De  Borr,  James  D.  B.,  Journalist  and  Statistician  1820  18b7 

Decatur,  Stephen,  Naval  officer   lofO 

Dexter,  Samuel,  Lawyer  and  Statesman  1/bl  ibib 

Dickinson,  Anna  Elizabelh,  Orator  and  Reformer  1842 

Dickinson,  John,  Statesman  ..l7o2 

Dix,  John  A.,  Soldier,  Lawyer'  and  Statesman  1/^98 

Dixon,  Joseph,  Inventor  \'^°  ^«ba 

Dodge,  Mary  Abigail,  Author  l«rf»  

Douglass,  Frederick,  Orator  and  Journalist  1817 

Douglas,  Stephen  Arnold,  Statesman  181^ 

Downing,  Andrew  Jackson,  Horticulturist  —  .on?  icoa 

Drake,  Joseph  Rodman,  Poet  189o  ib^U 

Drake,  Samuel  G slv dnev.  Historical  writer  .-In)^   

Draper,  John  William,  Chemist  and  Physiologist  1811  — — 

Duchi,  Jacob,  Clergyman   jsfin 

Dunglison,  Robley,  Physician  and  Author  1798  I8b9 

Dunlap,  William,  Painter  and  Author  l/6b  18i9 

Dupont,  Samuel  Francis,  Naval  officer  180d  I8to 

Durant,  Asher  Brown,  Painter  and  Engraver  l/9b  

Duyckinck,  Evert  Augustus,  Author  

Dwight,  Timothy,  Clergyman  and  Scholar.  1/oi  1817 

Edwards,  Jonathan,  Metaphysician  '.  1703  1758 

Eliot,  John,  Apostle  to  the  Indians  |bUrf  ibw 

Eliot,  Samuel,  Author  l§fl 

Ellis,  George  Ed vvai  d,  Clergyman  and  Author  1814   


1854 
1789 


1808 


1861 


.1745  1807 


EMINENT  MEN  AND  WOMEN. 


233 


BORN  DIED 

Everett,  Alexander  Hill,  Scholar  and  Diplomatist  1790  1847 

Everett,  Edward,  Scholar  and  Orator  „.  I794  lyg^ 

Faneuil,  Peter,  Merchant                                                  1700  1740 

Farragut,  David  Glascoe,  Naval  offleer  '.'.V.'.'.!!!!"!".'.*".".* 1801  1870 

Peltoa,  Cornelius  Conway,  Scholar  and  Author  '."....'.'.*, 1807  1862 

Fessenden,  William  Pitt,  Lawyer  and  Senator  '''..\m  1869 

Fillmore,  Millard,  Thirteenth  JPresident                                1800  1874 

Fitch,  John,  inventor    ' ™  ^ 

Flint,  Austin,  Physician  !.'.".'V.V.'.! I812 

Foote,  Andrew  Hull,  Naval  officer                                       isofi  186^ 

Force,  Peter,  Historian    nqn  S 

Forney,  John  Weiss,  JbMrna/i5«  1817 

Forrest,  Edwin,  Tragedian                                                 i«n«  1870 

Fowler,  Orson  Squire,  Phrenologist  .' 1809 

Franklin,  Benjamin,  Philosopher  and  Statesman... /Z/.IZ'S." '..1706  1790 

Fremont,  John  Charles,  ^aptorer   1«1q 

Freneau,  Philip,  Poet    ^752  1332 

Frothingham,  Richard,  Jr.,  Historian  and  J"owmoiisi5V///.V/.VZl812   

Fuller,  Sarah  Margaret,  ^M^Aor                                          I810  IS'^O 

Fulton,  Robert,  Inventor  .....".■."■!.".'.V.".'.".1765  1815 

Gallagher,  William  D.,  Poet  and  Journalist  ,   1808   

Gallatin,  Albert,  Statesman    1761  1049 

Garrison,  William  Lloyd,  Anti-Slavery  Agitator'"'..'."''.. 1804   

Gervy,  Elhri^ge,  Statesman  ..                        I744  1814 

Girard,  Stephen,  Merchant  and  Banker                                1750  1831 

Godwin,  Parke,  Journalist  and  Author   1816   

Goodrich,  Samuel  Griswold,  Author  .*.".'.".""*  1793  I860 

Goodyear,  Charles,  Inventor  I800  1860 

Gough,  John  B  ,  Tempei-ance  lecturer   I8I7   1. 

Gould,  Augustus  Addison,  Naturalist  .....V.V.V.V. 1805   

Grant,  Ulysses  Simpson,  Mghteenth  President   '  1822   

Gray,  Asa,  Botanist   ""'I8IO   

Greeley,  Horace,  Journalist  !.....'.*."!......!".".",'.!..".* 1811  1872 

Greene,  Nathaniel,  Military  officer  1742  17s/? 

Greenleaf,  Simon,  JmW*«....„...1.    l^o  f^^S 

Greenough,  Horatio,  Sculptor  ,V lunr, 

Griswold,  Rufus  Wilmot,  Author  V////.!;!'.*.'.Zl815  1857 

Hale,  Edward  Everett,  Clergyman  and  Author   1822   

Halleck,  Fltzgreene,  Poet                                                   179O  i867 

Halleck,  Henry  Wagner,  Military  officer  1814  1872 

Hamilton,  Alexander,  >Si5ai5esman                                        I757  ico4 

Hamlin,  Hannibal,  Statesman  V.'.'.V." ".*'*'*  1809 

Hancock,  John,  Patriot    I797  1700 

Harding,  Chester,  Painter  .'. 1700  10^^ 

Hare,  Robert,  Chemist    178i  S 

Harris,  Thaddeus  William,  Entomologist  '.'.'.'.'.'.'. 1795  i856 

Harrison,  William  Henrv,  NiJith  President  1773  1841 

Hawks,  Francis  Lister,  C?er92/ma?i  and  ^w^Aor                     1798  1866 

Hawthorne,  Nathaniel,  Author                                        *  *i804  1864 

Hayne,  Robert  Young,  Statesman  '.'.'.'.'.'....'  ". mi  ISSQ 

Headley,  Joel  Tyler,  ^M«/wr  !.                   isu  _ 

Henry,  Joseph,  Physicist    I797   

Henry,  Patrick,  Orator  and  Statesman  ."!!"*."!!!!.'.".".".* I73fi  I7qq 

Herbert,  Henry  WiUiam,  Author                                          I807  1858 

Higginson,  Thomas  Wentworth,  Author  y.'.V.'.'.'.'.'.1823   

Hildreth,  Rieijard,  Author  and  Journalist  .'l807  1865 

Hill,  Thomas,  Clergyraan                                                  '  1818  1874 

Hillard,  George  Stillman,  Lawyer  and  Author'.'.'"!'.^.'.''.'".'.'. 1808      ■  - 

Hitchcock,  Edward,  Geologist  I793  18(54 

20 


234 


EMINENT  MEN  AND  WOMEN. 


BOKN  DIED 

Hoar,  Ebenezer  Rockwood,  Jurist  1816  — 

Hoffman,  Charles  Fenno,  Author  1806   

Holland,  Josiah  Gilbert,  Author  and  Journalist  1819   

Holmes,  Oliver  Wendell,  I*hysieian,  I*oet  and  Essayist  1809   

Holt,  Joseph,  Statesman  1807   

Hooker,  Joseph,  Military  officer  1815   

Hosmer,  Harriet  G.,  Sculptor  1830   

Houston,  Samuel,  Soldier  and  Statesman  1793  1863 

Howe,  Ellas,  Jr.,  Inventor  1819  1867 

Howells,  William  Dean,  Author  1837   

Hughes,  Robert  Ball,  Sculptor  1806  1868 

Hull,  Isaac,  Naval  officer  1775  1843 

Humphreys,  David,  Soldier,  Diplomatist  and  Poet  1752  1818 

Huntington,  Daniel,  Painter  1816  — ^ 

Hutchinson,  Thomas,  Governor  of  Mass  1711  1780 

Irving,  Washington,  Authcrr  ..1788  1859 

Jackson,  Andrew,  Seventh  President  1767  1845 

Jackson,  Charles  Thomas,  Chemist  and  Geologist  1805   

Jackson,  James,  Physician  1777  1867 

Jackson,  Thomas  Jonathan,  Military  officer  1824  1863 

Jay,  John,  Statesman  1745  1829 

Jefferson,  Joseph,  Comedian  1829  ■  

Jefferson,  Thomas,  Third  President  1743  1826 

Johnson,  Andrew,  Seventeenth  President  1808  1875 

Johnson,  Sir  William,  Military  officer  1715  1774 

Jones,  John  Paul,  Naval  officer  1747  1792 

Kane,  Elisha  Kent,  Arctic  explorer  1820  1857 

Kearny,  Philip,  Military  officer  1815  1862 

Kellogg,  Clara  Louise,  Vocalist  1842   

Kemble,  Frances  Anne,  Actor  and  Author  1811   

Kendall,  Amos,  Politician  and  Publicist  1789  1869 

Kennedy,  John  Pendleton,  Author  1795  1870 

Kensett,  John  Frederick,  Artist  1818  1872 

Kent,  James,  Jurist  1763  1847 

Kenton,  Simon,  Pioneer  1755  Ibdb 

King,  Rufus,  Statesman  and  Diplomatist  ....1755  1827 

King,  Thomas  Starr,  Clergyman  and  Author  1824  1864 

Kirkland,  Caroline  Matilda,  Author  1801  1864 

Knuland,  Samuel,  Naturalist  ,  1821  — — 

Knox,  Henry,  Military  officer  1750  180b 

Laurens,  Henry,  Statesman  •  1724  1792 

Lawrence,  Amos,  Philanthropist  178b  1852 

Lawrence,  James,  Naval  officer  1781  1813 

Ledyard,  John,  Traveller  1751  1789 

Lee,  Arthur,  Diplomatist  1740  1792 

Lee,  Charles,  Military  officer  17.^1  1782 

Lee,  Henry,  Military  officer  •  -IJob  1818 

Lee,  Richard  Henry,  Statesman  ...1/02  1794 

Lee,  Robert  Edmund,  Military  officer  1807  1870 

Leslie,  Charles  Robert,  Painter  1794  1859 

Lieber,  Francis,  Publicist  -ISOO  lb/2 

Lincoln,  Abraham,  Sixteenth  President  1809  1865 

Lincoln,  Benjamin,  Military  officer  1733  ISIO 

Livermore,  May  Ashton,  Reformer  1821  — - 

Liivingston,  Edward,  Jurist  and  Statesman  17b4  lodb 


EMINENT  MEN  AND  WOMEN,  235 


BORN  DIED 

Livingston,  Philip,  Statesman  1716  1778 

Livingston,  Robert  R.,  Statesman  1747  1813 

Livingston,  William,  Statesman  1723  1790 

Longfellow,  Henry  Wadsworth,  Poet  1807   

Lossing,  Benson  John,  Author  1813   

Lowell,  James  Russell,  Poet  1819   

McClellan,  George  Brinton,  Military  officer  1826   

Madison,  J Siines,  Fourth  President  1751  1836 

Mann,  Horace,  Educationist  1796  1859 

Marion,  Francis,  Military  officer  1732  1795 

Marshall,  John,  Jurist  1755  1835 

Mason,  George,  Statesman  1726  1792 

Mather,  Cotton,  Clergyman  1633  1728 

Mather,  Increase,  Clergyman  1639  1723 

Maury,  Matthew  Fontaine,  Naval  officer  1806  1873 

Meade,  George  Gordon,  Military  officer  1816  1872 

Mifflin,  Thomas,  Military  officer  1744  1800 

Mitchell,  Donald  Grant,  Author  1822   

Mitchell,  Maria,  Astronomer  1818   

Mitchell,  Ormsby  MacKnight,  Astronomer  1810  1862 

Monroe,  James,  Fifth  President  1758  1831 

Morgan,  Daniel,  Military  officer  1736  1802 

Morris,  George  P.,  Poet  and  Journalist  1802  1864 

Mon-is,  Gouverneur,  Statesman  1752  1816 

Morse,  Samuel  Finley  Breese,  Inventor  1791  1872 

Morton,  Samuel  George,  Naturalist  1799  1851 

Morton,  William  Thomas  Green,  Physician  1819  1868 

Motley,  John  Lathrop,  Historian  1814   

Mott,  Valentine,  Surgeon  1785  1865 

Moultrie,  William,  Military  officer  1731  1805 

Mowatt,  Anna  Cora,  Actor  and  Author  1819  1870 

Murray,  John,  Clergyman  1741  1815 

Murray,  Lindley,  Grammarian  1745  1826 


Nast,  Thomas,  Artist  1840   

Neal,  John,  Author  and  Poet  1793   


Olrastead,  Denison,  Astronomer  1791  1859 

Otis,  James,  Orator  and  Patriot  1725  1783 

Owen,  Robert,  Philanthropist:  1771  1858 


Paine,  Thomas,  Political  and  Dfistical  writer  1737  1809 

Palfrey,  John  Gorham,  Author.  1796   

Parker,  Theodore,  Clergyman  and  Author  1810  1860 

Parkman,  Francis,  Author  1823   

Parsons,  Theophilus,  Jurist...:  1750  1813 

Parton,  James,  Author  1822   

Paulding,  James  Kirke,  Author  and  Politician  1779  1860 

Payne,  John  Howard,  Actor  and  Dramatist  1792  1852 

Peabody,  Andrew  Preston,  Clergyman  and  Scholar  1811   

Peabody,  George,  Philanthropist  1795  1869 

Peale,  Charles  Wilson,  Painter  .1741  1827 

Peirce,  Benjamin,  Mathematician  1809   

Percival,  James  Gates,  Poet  1795  1856 

Perkins,  Thomas  Handaryd,  Philanthropist  1764  1854 

Perry,  Oliver  Hazard,  Naval  officer  1785  1819 

Phillips,  Wendell,  Orator  and  Reformer  1811   

Phips,  Sir  William,  Governor  of  Mass  1651  1695 

Physic,  Phillip  Syng,  Physician  and  Surgeon  1768  1837 

Pickens,  Andrew,  Military  officer  1739  1817 


236  EMINENT  MEN  AND  WOMEN. 

BOKN  I)TKt 

Pickering,  Timothy,  Soldier  and  Statesman  1745  1829 

Pierce,  Franlslin,  Fourteenth  President  1804  1869 

Pierpont,  John,  Clergyman  and  Poet  1785  1866 

Pincli;ney,  Charles  Cotes  worth,  Soldier  and  Statesman  1746  1825 

Poe,  Edgar  Allan,  Poet  1811  1849 

Polk,  James  Knox,  Eleventh  President  1795  1849 

Porter,  David,  Naval  officer  1780  1843 

Powers,  Hiram,  Sculptor  1805  1873 

Preble,  Edward,  Naval  officer  1761  1807 

Prentice,  George  Denison,  Poet  and  Journalist  1802  1870 

Prentiss,  Seargeant  Smith,  Lawyer  and  Orator  1808  1850 

Prescott,  William,  Military  officer  1726  1795 

Prescott,  William  Hickling,  Historian..  1796  1859 

Priestley,  Joseph,  Philosopher,  Chemist  and  Theologian  1733  1804 

Prince,  Thomas,  Minister  and  Chronologist  1687  1758 

Putnam,  Israel,  Military  officer  1718  1790 


Quincy,  Josiah,  Jr.,  Patriot  1744  1775 

Quincy,  Josiah,  Statesman  and  Scholar  1772  1864 


Randolph,  John,  Orator  1773  1833 

Raymond,  Henry  Jarvis,  Journalist  1820  1869 

Read,  Thomas  Buchanan,  Painter  and  Poet  1822  1872 

Reed,  Henry,  Author  1808  1854 

'Reed,  J os,eph,  Statesman  1741  1785 

Reveu,  Paul,  Engraver  and  Patriot  1735  1818 

Ritten house,  David,  Mathematician  and  Astronomer  1732  1796 

Rodgers,  John,  Naval  officer  1771  1838 

Rosecrans,  William  Starke,  Military  officer  1819   

Rowson,  Susanna,  Author  1762  1824 

Rumford,  Sir  Benjamin  Thompson,  Physicist  1753  1814 

Rush,  Benjamin,  Physician  1745  1813 

Rush,  Richard,  Statesman  and  Diplomatist  1780  1859 

Rutledge,  John,  Statesman  and  Jurist  1739  1800 


St.  Clair,  Arthur,  Military  officer  1734  1818 

Sargent,  Epes,  Author  and  Journalist  1812   

Saxe,  John  Godfrey,  Poet  1816   

Say,  Thomas,  Naturalist  1787  1834 

Schoolcraft,  Heury  Rowe,  Author  1793  1864 

Schurtz,  Carl,  Orator  and  Politician  1829   

Schuyler,  Philip,  Military  officer  1733  1804 

Scott,  Win  field.  Military  offiAier  1786  1866 

Seaton,  William  Winston,  Journalist  ,  1785  1866 

Sedgwick,  Catherine  M§ria,  Author  1789  1867 

Sedgwick,  John,  Military  officer  1813  1864 

Sewall,  Samuel,  Ji/ris^  1652  1730 

Seward,  William  Henry,  Statesman  1801  1872 

Shaw,  Lemuel,  Jurist  1781  1861 

Sheridan,  Philip  Henry,  Military  officer  1831   

Sherman,  Roger,  Statesman  1721  1793 

Sherman,  William  Tecumseh,  Military  officer...  1820   

Sigourney,  Lj^dia  Howard  Huntley,  Author  1791  1865 

Silliman,  Benjamin,  Physicist  1779  1804 

Silliman,  Benjamin,  Jr.,  Physicist  1816  

Sirams,  William  Gilmore,  Author  1806  1870 

Sparks,  Jared,  Historian  1789  1866 

Sprague,  Charles,  Poet  1791  1874 

Sprague,  William  Buell,  Clergyman  and  Author  1795   

Spring,  Gardiner,  Clergyman  and  Author  1785  1873 

Standish,  Miles,  Pilgrim  1584  1656 

Stanton,  Edwin  McMasters,  Lawyer  and  Statesman  1814  1869 


EMINENT  MEN  AND  WOMEN. 


237 


Stark,  Jvohn,  MilUary  officer  1728  1822 

Stedman,  Edmund  Clarence,  Poet  -  1833  .   • 

Stephens,  Alexander  Hamilton, /Statesman  1812   

Stephens,  John  Lloyd,  Traveller  1805  187 

Stevens,  Thaddeus,  Political  Leader  1793  18G8 

Stewart,  Charles,  Naval  officer  1778  1869 

Stewart,  Alexander  T.,  Merchant  1803  — — 

Stiles,  Ezra,  Clergyman  and  Scholar  1727  1795 

Stoddard,  Richard  Henry,  Poet  1825  — 

Story,  Joseph,  Jurist  1779  1845 

Story,  William  Wetmore,  Poet  and  Sculptor  1819   

Stowe,  Harriet  Elizabeth  Beecher,  Author  1812   

Stuart,  Gilbert  Charles,  Painter  1754  1828 

Sullivan,  James,  Statesman  and  Jurist  1744  1808 

Sullivan,  John,  Military  offixier  .1740  1795 

Sully,  Thomas,  Painter  1783  1872 

Sumner,  Charles,  Orator  and  Statesman  1811  1874 

Sumter,  Thomas,  Military  officer  1734  1832 

Taney,  Roger  Brooke,  Jurist  1777  1864 

Taylor,  James  Bayard,  Traveller  and  Author  1825   

Taylor,  Zachary,  Twelfth  President  1784  1850 

Thorean,  Henry  David,  Naturalist  and  Scholar  1817  1862 

Ticknor,  George,  Scholar  and  Author  1791  1871 

Trowbridge,  John  Townsend,  Author  1827  — — ■ 

Trumbull,  John,  Poet  1750  1881 

Trumbull,  John,  Painter  1756  1843 

Tuckerman,  Henry  Theodore,  Poet  and  Essayist  1813  1871 

Tudor,  William,  Scholar  and  Diplomatist  1779  1830 

Tyler,  John,  Tenth  President  1790  1862 

Van  Buren,  Martin,  Eighth  President  1782  1862 

Warren,  John,  Physician  1753  1815 

Warren,  John  Collins,  Surgeon  and  Author  1778  185b 

Warren,  Joseph,  Physician  and  Patriot  1741  1775 

Warren,  William,  Comedian  1812  — - 

Washington,  George,  Eirst  President  1732  1799 

Wayland,  Francis,  Scholar  and  Clergyman  l/9o  1865 

Wt^yne,  Anthony,  Military  officer  1745  1796 

Webster,  Daniel,  Statesman,  Lawyer  and  Orator  1782  1852 

Webster,  Noah,  Philologist  and  Publicist  1758  1843 

Weed,  Thurlow,  Journalist  and  Politician  1797   

Weir,  Robert  Walter,  Painter  1803   

West,  Beniamin,  Painter  1738  1820 

Wheaton,  Henry,  Jurist  and  Diplomatist  1785  1848 

Whipple,  Edwin  Percy,  Essayist  1819   

White,  Andrew  Dickson,  Educator  183^   

White,  Richard  Grant,  Philologist  and  Scholar  1822 

Whitney,  Eli,  Inventor  1765 

Whitney,  William  Dwight,  Philologist  1827 

Whittier,  John  Greenleaf,  Poe«  1«07   

Wilkes,  Charles,  Naval  officer  1801  — 

Will  ard ,  E  m  m  a  C . ,  Teacher  and  Author  1/87  18/0 

WilUams,  Roger,  Founder  of  R.  I.  1599  1683 

Willis,  Nathaniel  Parker,  Poet  and  Journalist  1807  1867 

Wilson,  Alexander,  Ornithologist  1766  1813 

Wilson,  Henry,  Statesman  1812  -— 

Winslow,  Edward,  Pilgrim,  If95  16oo 

Winthrop,  John,  Governor  of  Mass  ^  1588  1649 

Woolsey,  Theodore  Dwight,  Scholar  1801  — — 

Worcester,  Joseph  Emerson,  Lexicographer  1784  1865 


1825 


GEORGE  WASHINGTON, 

THE  FIKST  PRESIDENT  OF  THE  UNITED  STATES. 

The  most  exemplary  character,  perhaps,  that  ever  adorned 
any  era  in  history,  and  wJio  received  in  his  life-time  the 
noble  appellations  of  "  the  Founder  of  a  Republic,  '  and  "  the 
Father  of  his  Country,"  was  born  in  the  county  of  West- 
moreland, Virginia,  on  the  22d  of  February,  1732.  His 
early  instruction  was  domestic  and  scanty,  but  full  of  good 
discipline  and  sound  principles  ;  and  as  his  father  died  when 
he  was  only  ten  years  old,  he  had  no  subsequent  opportu- 
nities for  acquiring  a  thorough  literary  or  scientific  educa- 
tion. However,  as  his  mind  was  naturally  mathematical 
and  philosophical,  he  prepared  himself  to  be  useful  to  his 
fellow-citizens  as  a  civil  engineer ;  and  as  the  country  was 
wild,  and  much  of  it  then  unsurveyed,  he  occasionally 
found  agreeable  and  profitable  employment  in  surveying 
different  parts  of  his  native  State.  He  also  directed  much 
of  his  attention  to  the  science  of  arms,  in  the  use  of  which 
every  young  man  was  instructed,  in  order  to  repel  the  in- 
cursions of  the  Indians,  who  were  often  led  on  by  skillful 
Frenchmen.  At  the  age  of  nineteen,  he  was  appointed  one 
of  the  adjutant-generals  of  Virginia,  which  gave  him  the 
rank  of  major,  and  soon  after  he  was  advanced  to  a  colonelcy, 
and  sent  by  Governor  Dinwiddle  to  the  Ohio  with  dispatches 
to  the  French  commander,  who  was  erecting  fortifications 
from  Canada  to  New  Orleans,  in  violation  of  existing  treat- 
ies. The  G-overnor  was  so  much  pleased  with  the  faithful 
discharge  of  this  duty,  that  he  ordered  his  journal,  which 
extended  to  only  eighty  days,  to  be  printed ;  but,  small  as 
it  was,  it  afforded  evidence  of  great  sagacity,  fortitude,  and 
a  sound  judgment,  and  firmly  laid  the  foundation  of  his  fu- 
ture fame. 

In  the  spring  of  1755,  Washington  was  persuaded  to  ac- 
company General  Braddock  as  an  aid,  with  the  rank  of 
Colonel,  in  his  disastrous  expedition  against  Fort  DuQuesne ; 
and  had  his  advice  been  followed  on  that  occasion,  the  re- 
Bult  would  have  been  different. 

Three  years  afterward  (1758)  Washington  commanded  the 
238 


GEORGE  WASHINGTON 


239 


Virginians  in  another  expedition  against  the  fort,  which  ter- 
minated successfully.  At  the  close  of  this  campaign  he  left 
the  army,  and  was  soon  after  married  to  Mrs.  Martha  Cus- 
tis  (the  widow  of  Colonel  Daniel  Parke  Custis),  whose 
maiden  name  was  Dandridge,  and  whose  intelligent  and  pat- 
riotic conduct,  as  wife  and  widow,  will  ever  be  gratefully  re- 
membered in  American  annals. 

In  1759,  he  was  elected  to  the  House  of  Burgesses,  and 
continued  to  be  returned  to  that  body,  with  the  exception 
of  occasional  intervals,  until  1774,  when  he  was  sent  to  rep- 
resent Virginia  in  the  Continental  Congress.  His  well-tem- 
pered zeal  and  military  skill,  which  enabled  him  to  suggest 
the  most  proper  means  for  national  defense,  if  the  country 
were  urged  to  extremities,  soon  fixed  all  eyes  upon  him,  as 
one  well  qualified  to  direct  in  the  hour  of  peril;  and  ac- 
cordingly, after  the  first  scene  of  the  revolutionary  drama 
was  opened  at  Lexington  and  Concord,  and  an  army  had 
concentrated  at  Cambridge,  he  was,  on  the  15th  of  June, 
1775,  unanimously  appointed  Commander-in-Chief  of  the 
American  forces.  The  self-sacrificing  spirit  which  gov- 
erned his  future  course  is  too  well  known  to  require  any 
elucidation. 

After  bringing  the  war  to  a  successful  termination,  he  has- 
tened to  Annapolis,  where  Congress  was  then  in  session,  and 
on  the  23d  of  December,  1783,  formally  resigned  his  com- 
mission. 

In  May,  1787,  he  was  elected  to  the  Convention  which  met 
at  Philadelphia  for  the  purpose  of  forming  a  Constitution, 
and  was  at  once  called  upon  to  preside  over  its  deliberations. 
After  that  admirable  instrument  was  adopted  by  the  people, 
he  was  unanimously  elected  the  first  President  of  the  United 
States  for  four  years;  at  the  expiration  of  which  he  was 
unanimously  reelected  for  a  second  term. 

On  the  12th  of  December,  1799,  he  was  seized  with  an  in- 
flammation in  the  throat,  which  grew  worse  the  next  day, 
and  terminated  his  life  on  the  14th,  in  the  68th  year  of  his 
age. 


ELECTORAL  VOTES 

FOR 

PRESIDENT  AND  YICE-PRESIDENT  OF  THE  UNITED  STATES. 


Election  for  tlie  First  Term,  commenciug  March  4,  1789,  and 
terminating  March  3,  1793. 


I  No.  of  Electors  from  1) 
1    each  State. 

STATES. 

1  George  Washington, 
1    ot  Virginia. 

1  John  Adams,  of 
1  Massachusetts. 

1  Samuel  Huntington, 
1    of  Connecticut. 

1  John  Jay,  of  New 
1  York. 

John  Hancock,  of 
Massachusetts. 

R.  H.  Harrison,  of 
Maryland. 

George  Clinton,  of 
New  York. 

John  Rutledge,  of 
South  Carolina, 

John  Milton,  of 
Georgia. 

James  Armstrong, 
of  Georgia. 

Edward  Telfair,  of 
Georgia. 

Benjamin  Lincoln, 
of  Massachusetts. 

5 

5 

5 

10 

10 

10 

7 

7 

5 

6 

6 

1 

5 

10 

10 

8 

2 

3 

3 

3 

6 

6 

6 

10 

10 

5 

1 

1 

3 

7 

7 

1 

6 

5 

6 

2 

1 

1 
1 

69 

Whole  No.  Electors  

69 

34 

2 

9 

4 

6 

3 

6 

2 

The  first  Conffress  under  the  Constitution  was  convened  at  the 
"Federal  Hall,'^  situated  at  the  head  of  Broad,  fronting  on  Wall 
street  (where  the  Custom  House  now  stands),  in  the  city  of  New 
York,  on  the  first  Wednesday,  being  March  4, 1789— Senators 
and  Representatives  having  been  elected  from  the  eleven  States 
which  had  ratified  the  Constitution;  but,  owing  to  the  absence 
of  a  quorum,  the  House  was  not  organized  till  the  1st  of  April, 
and,  for  a  like  reason,  the  Senate  was  not  organized  till  the  6th; 
when  the  latter  body  "proceeded  by  ballot  to  the  choice  of  a 
President,  for  the  sole  purpose  of  opening  and  counting  the 
[electoral]  votes  for  President  of  the  United  States.  John 
Langdon,  of  New  Hampshire,  was  chosen  President  pro  tern,  of 
the  Senate,  and  Samuel  Alyne  Otis,  of  Massachusetts,  Secretary; 
after  which,  proper  measures  were  taken  to  notify  the  success- 
ful individuals  of  their  election. 

George  Washington  took  the  oath  of  oflSce,  as  President,  and 
entered  upon  his  duties  April  30,  1789.  (For  his  Inaugural 
Address,  see  p.  43.) 

John  Adams,  Vice-President,  entered  upon  his  duties  in  the 
Senate  April  21,  1789,  and  took  the  oath  of  office  June  3,  1789. 
(240) 


ELECTORAL  70TE3. 


245 


Election  for  the  Second  Term,  commencing  March  4,  1793,  and 
 ,         terminating  March  3,  1797. 


SI 

si 

o  o 


132 


STATES. 


New  Hampshire. 
Massachosetts. .. 
Rliode  Island.... 

Connecticnt  

Verinpnt  

New  York  

Now  Jersey  

Pennsylvania  

Delaware  

Maryland  

Virginia   

Kentucky  

North  Carolina.. , 
South  Carolina. . 
Georgia  


> 


Ho 


Whole  No.  of  Electors   ,09 

Majority    r7 


George  Washington,  re-elected  President,  took  the  oath  of  of- 
T  u  ^/f  ^ond  term,  and  entered  upon  his  duties  March  4  1793 
John  Adams,  re-elected  Vice  P^resident,  took  the  oath  of'office' 
and  entered  upon  his  duties  in  the  Senate  December  2  1793  ' 
After  the  expiration  of  his  second  Presidential  term,  Washington 
retired  to  the  tranquil  shades  of  Mount  Vernon,  fondly  indulSin^ 
tlie  hope  that  the  remainder  of  his  days  would  be  peacefullv^en'^ 
joyed  in  his  much  cherished  home;  but  these  pleasing  anticipa- 
tions were  not  allowed  to  remain  long  undisturbed.  In  1798  the 
conduct  ot  the  French  Directory  and  its  emissaries  led  to  frequent 
dilhculties  with  this  country,  which  were  calculated  to  provoke  a 
war ;  and  the  opinion  was  universally  entertained  that  he  who  had 
formerly  80  well  acquitted  himself,  must  be  again  called  to  the 
command  of  our  armies.  Accordingly,  early  in  July,  the  rank 
and  title  of  Lieutenant-General  and  Commander-in-Chief  of  all 
feh^  armies  raised,  or  to  be  raised,  in  the  United  States,"  was  con- 
ferred upon  him;  and  the  Secretary  of  War,  Mr.  McHenry  im- 
mediately  waited  upon  him  to  tender  the  commission.    In  a  letter 

21 


JOHN  ADAMS, 

THE  SECOND  PRESIDENT  OF  THE  UNITED  STATES, 

And  whose  fame  as  a  patriot  and  statesman  is  imperish- 
able  was  born  at  Braintree,  Massachusetts,  October  ly, 
1735     He  early  displayed  superior  capacity  for  learning, 
and  graduated  at  Cambridge  College  with  great  credit.  Al- 
ter qualifying  himself  for  the  legal  profession,  he  was  ad- 
mitted to  practice  in  1761,  and  soon  attained  that  distinction 
to  which  his  talents  were  entitled.   From  the  commencement 
of  the  troubles  with  Great  Britain,  in  1769,  he  was  among 
the  most  active  in  securing  the  freedom  of  his  country. 
Bein-  elected  to  the  first  Continental  Congress,  he  took 
a  prominent  part  in  all  the  war  measures  that  were  then 
originated,  and,  subsequently,  suggested  the  appointment 
of  Washington  as  commander-in-chief  of  the  army.  Me 
was  one  of  the  committee  which  reported  the  Declaration 
of  Independence,  in  1776,  and  the  next  year  visited  France, 
as  commissioner,  to  form  a  treaty  of  alliance  and  commerce 
with  that  country.    Although  the  object  had  been  accom- 
pushed  before  his  arrival,  his  visit  hud,  otherwise,  a  fa- 
vorable effect  on  the  existing  position  of  affairs;  and  he 
was  afterward  appointed  to  negotiate  a  treaty  of  peace  with 
Great  Britain,  which,  after  many  laborious  and  fruitless 
efforts,  was  finally  accomplished  in  1783     In  1785,  he  was 
sent  to  England  as  the  first  minister  from  this  country, 
and,  on  his  return,  was  elected  first  Vice-President  in 
which  office  he  served  two  terms,  and  was  then,  in  1797, 
elected  to  succeed  Washington  as  President.  Many  occur- 
rences tended  to  embarrass  his  administration  and  to  ren- 
der it  unpopular ;  but  it  is  now  generally  admitted  to  have 
been  characterized  by  patriotism  and  vigor  equal  to  the 
emergencies  which  then  existed.    His  pohtical  opponents, 
however,  managed  to  defeat  his  reelection,  and  te  was  sue- 
ceeded  in  the  Presidency  by  Mr^Jefferson  m  1801 ,  after 
which  he  retired  to  his  farm  at  Quincy,  where  his  declin- 
ing  years  were  passed  in  the  gratification  of  his  unabated 
love  for  reading  and  contemplation,  and  ^^/^^^^ 
stantly  cheered  by  an  interesting  circle  of  friendship  and 
affection     The  semi-centennial  anniversary  of  American 


242 


JOHN  ADAMS. 


243 


Independence  (July  4,  1826)  was  remarkable,  not  merely 
for  the  event  which  it  commemorated,  but  for  the  decease 
of  two  of  the  most  active  participants  in  the  measures  by 
which  independence  was  achieved.  On  that  day,  Adams 
and  Jefferson  were  both  gathered  to  their  fathers,  within 
about  four  hours  of  each  other,  "  cheered  by  the  benedic- 
tion of  their  country,  to  whom  they  left  the  inheritance 
of  their  fame  and  the  memory  of  their  bright  example." 

As  has  been  noticed  elsewhere,  Mr.  Adams  deemed  it 
piudent,  in  the  early  part  of  his  administration,  when  im- 
pending difficulties  with  France  seemed  to  render  war  in- 
evitable, to  offer  Washington  the  commission  of  Lieutenant- 
General  and  Commander-in-Chief  of  the  army,  which  he 
accepted  as  a  matter  of  duty,  and  held  until  his  death,  but 
fortunately  never  found  it  necessary  to  take  the  field. 


244 


ELECTORAL  VOTES. 


Election  for  the  Third  Term,  commencing  March  4,  1797,  and 
terminating  March  3  T801. 


2 

1  a 
o  o 

STATES. 

fi  or, 

9  ^ 
2| 

Thomas  Jefferson, 
of  Virginia. 

o 

lib 

3  « 

1  i 

S  'i 

_d — 

o 

'C 

o 

es' 
'-5 

1-5  ;>H 

George  Clinton,  of 
New  York. 

IS.  Johnston,  of 
1  North  Carolina. 

j  James  Iredell,  of 
1  North  Carolina. 

Geo.  Washington, 
of  Virginia. 

|C.  C.  Pinckney,  of 
1  South  Carolina. 

John  Henry,  of 
Maryland. 

6 
16 



K^  w  Hampshire 
HassacUusetts.. 
Rhode  Island. . 
Connecticut  ... 

6 

6 

16 
4 

13 

1 

2 

4 

9 

4 

5 

9 

4 

4 

4 

12 
7 

12 

7 

:2 

New  Jersey.... 
Peunsyls'auia. . 

7 

'ii 

2 

13 

15 

1 

3 

3 

3 
11 
21 

"i 

4 

3 

2 

Virginia   

i 

20 
4 

1 

1 
4 

16 

3 

1 

12 
8 

North  Carolir  a 
South  Carolina. 

1 

11 

8 

'  i 

8 

6 

3 

1 

;  1 

4 

Georgia  

4 

4 

3 

3 

3 

139 

No.  of  Electors. 

71 

68 

69 

30 

,15 

11 

5 

2 

3 

2 

1 ' 

2 

John  Adams,  elected  President,  took  the  oath  of  office,  and 
entered  upon  his  duties,  March  4,  1797. 

Thomas  Jefferson,  elected  Vice  President,  took  the  oath  of 
office,  and  entered  upon  his  duties  in  the  Senate,  March  4,  1797. 

The  administration  of  Mr.  Adams  encountered  the  most  vir- 
alent  opposition,  both  domestic  and  foreign.  Fiance,  still  in 
the  confusion  following  her  revolution,  made  improper  demands 
on  our  country,  which  not  being  complied  with,  she  commenced 
seizing  American  property  on  the  high  seas.  Our  people,  taking 
different  sides,  were  about  equally  divided— some  approving  and 
others  deprecating  the  course  pursued  by  France.  Letters  of 
marque  and  reprisal  were  issued  by  our  government,  and  a  navy 
was  raised  with  surprising  promptitude.  This  had  the  desired 
effect,  peace  being  thereby  secured;  and  the  aggressor  waa 
taught  that  the  Americans  were  friends  in  peace,  but  were  not 
fearful  of  war  when  it  could  not  be  honorably  averted. 

The  Indians  on  our  western  frontiers  also  caused  much  trou- 
ble; but  at  length,  being  severely  chastised  by  General  Wayne, 
they  sued  for  peace,  which  was  granted  in  1795. 

In  1800  the  seat  of  government  was  removed  from  Philadel« 
phia  to  Washington  City,  which  had  been  designated  by  Wash* 
ington,  under  a  law  of  Congress,  us  the  most  central  situation. 


THOMAS  JEFFERSON, 

THE  THIKD  PRESIDENT  OF  THE  UNITED  STATES, 

Was  born  at  Shadwell,  Albemarle  County,  Yirginia  (near 
Monticello,  the  seat  where  he  died),  April  13,  1743.  He 
was  educated  at  William  and  Mary's  College,  and  gradu- 
ated with  distinction  when  quite  young.  He  was  a  great 
lover  of  learning,  and  particularly  of  natural  philosophy. 
With  the  celebrated  George  Wythe,  he  commenced  the 
study  of  the  law,  and  became  a  favorite  pupil.  Mr.  Jef- 
ferson was  never  distinguished  as  an  advocate,  but  was 
considered  a  good  lawyer.  Soon  after  he  came  to  the  bar 
he  was  elected  a  member  of  the  House  of  Burgesses,  and, 
in  that  body,  was  duly  appreciated  for  his  learning  and 
aptitude  for  business.  He  at  once  took  fire  at  British 
oppression,  and,  in  1774,  he  employed  his  pen  in  discuss- 
ing the  whole  course  of  the  British  ministry.  The  work 
was  admired,  and  made  a  text-book  by  his  countrymen. 
In  June,  1775,  he  took  his  seat  in  the  Continental  Con- 
gress, from  Yirginia.  In  that  body  he  soon  became  con- 
spicuous, and  was  considered  a  firm  friend  of  American 
liberty.  In  1776,  he  was  chosen  chairman  of  the  com- 
mittee that  drafted  the  Declaration  of  Independence.  This 
instrument  is  nearly  all  his  own,  and  was  sanctioned  by 
his  coadjutors,  with  few  alterations.  In  1778,  Mr.  Jef- 
ferson was  appointed  embassador  to  France,  to  form  a 
treaty  with  that  government,  but  ill-health  prevented  his 
accepting  this  office.  He  succeded  Patrick  Henry,  in 
1779,  as  Grovernor  of  Yirginia,  and  continued  in  that  sta- 
tion two  years.  In  1781  he  composed  his  notes  on  Yir- 
ginia. In  1783  he  was  sent  to  France  to  join  the  minis- 
ters of  our  country,  Mr.  Adams  and  Dr.  Franklin.  In 
1785  he  succeeded  Dr.  Franklin  as  embassador,  and  con- 
tinued performing  the  duties  of  that  office  for  two  years, 
when  he  retired,  and  returned  home.  In  1789  he  was 
made  Secretary  of  State,  under  Washington,  in  which  sit- 
uation he  was  highly  distinguished  for  his  talents.  This 
station  he  resigned  in  1793,  and  retired  to  private  life. 
In  1797  he  was  elected  Yice-President  of  the  United 
States,  and  took  his  seat  as  President  of  the  Senate,  on 

245 


246 


THOMAS  JEFFERSON. 


the  following  4tli  of  March.  In  1801,  he  was  President 
of  the  United  States,  which  office  he  held  for  eight  years. 
After  completing  his  second  term,  he  retired  to  private 
life,  in  which  he  spent  his  days  in  philosophical  pursuits, 
until  the  4th  of  July,  1826,  when  he  expired,  just  fifty 
years  after  penning  the  Declaration  of  Independence.  ^  His 
course  was  one  of  his  own.  Never  lived  there  a  politician 
who  did  more  than  Thomas  Jefferson  to  bring  his  fellow- 
citizens  to  his  own  opinions. 


ELECTORAL  VOTES. 


247 


Eieoiion  for  the  Fourth  Term,  commencing  March  4,  ISOI,  and 
terminating  March  3,  1805. 


II 

o  ® 

.s 


New  Hampshire. 
Massachusetts. .. 
Rhode  Island. . 

Connecticut  

Vermont  

New  York  

New  Jersey  • 

Pennsylvania. ..  c 

Delaware  , 

Maryland  

Virginia  

Kentucky  

North  Carolina. 

Tennessee  

South  Carolina., 
Georgia  


STATES. 


No.  of  Electors   73     73     66  64 

Majority   70 


The  electoral  vote  for  Thos.  Jefferson  and  Aaron  Burr  being 
equal,  no  choice  was  made  by  the  people,  and  on  the  11th  of 
February,  1601,  the  House  of"  Representatives  proceeded  to  the 
choice  of  President  in  the  manner  prescribed  by  the  Constitu- 
tion. On  the  first  ballot  eight  States  voted  for  Thos.  Jefferson, 
eix  for  Aaron  Burr,  and  the  votes  of  two  States  were  divided. 
The  balloting  continued  till  the  17th  of  February,  when  the 
thirty-fifth  ballot,  as  had  all  previously,  resulted  the  same  as 
the  first.  After  the  thirty-sixth  ballot,  the  Speaker  declared 
that  the  votes  of  ten  States  had  been  given  for  Thos.  Jefferson, 
the  votes  of  four  States  for  Aaron  Burr,  and  the  votes  of  two 
States  in  blank;  and  that,  consequently,  Thomas  Jefferson  had 
been  elected  for  the  term  of  four  years, 

Thomas  Jefferson,  thus  elected  President,  took  the  oath  of 
office,  and  entered  upon  his  duties,  March  4,  1801. 

In  his  inaugural  address,  Mr.  Jefferson  used  the  following  memorable  expro6> 
Bion:  "We  have  called  by  different  names  brethren  of  the  same  principle.  We 
are  all  republicans :  we  are  all  federalists.  If  there  be  any  among  us  who  would 
wish  to  dissolve  this  Union,  or  to  change  its  republican  form,  let  them  stand, 
nndisturbed,  as  monuments  of  tlie  safety  with  which  ebbob  of  opinion  mat  bi 

VOLEBATED,  WHEBS  REASON  18  LEFT  FEEE  TO  GOMBAT  IT," 

Aaron  Buir,  elected  Vice-President,  took  the  oath  of  office,  and  entered  «pen 
taa  duties  iu  the  Senate,  March  4.  1801. 


248 


RLECTORAL  VOTES. 


Election  for  the  Fifth  Term,  commencing  March  4,  1805,  and 
terminating  March  3,  1809. 


pbesik't. 

V.  pkes't. 

a 

(3 

O 

a 

2  * 

®  a 

o  * 
1 

STATES. 

<»• 
o 

o 

a: 
^ 

§■5 

.a  •= 

larlesO.  Pinckney, 
South  Carolina. 

0 
a 

s, 

0  . 

Rufus  King,  of  New 
York. 

!>■ 

So 

 ^  .  —  — ^ —          ■   ■ 

7 

-7 

7 
19 

19 

10 

4 

4 

4 

"9' 

"9* 

9 

6 

"& 

6 

19 

19 

19 

8 

8 

8 

20 

20 

20 

'3' 

"3* 

3 

9 

2 

"9* 

2 

11 

24 

24 

24 
14 
10 

14 

14 

10 

10 

6 

6 

6 

5 

5 

5 
8 

8 

8 

o 

3 

3 

162 

14 

162 

14 

Thomas  Jefferson,  elected  President,  took  the  oath  of  office  for 
a  second  term,  and  entered  upon  his  duties  March  4,  1805. 

George  Clinton,  elected  Vice-President,  took  the  oath  of  office, 
and  enfered  upon  his  duties  in  the  Senate.  March  4,  1805.  ^ 

Among  the  most  important  acts  of  Mr.  Jefferson's  administra- 
tion was  the  purchase  of  Louisiana  from  France  for  $15,000,- 
000,  which  territory  was  surrendered  to  our  Government  in  De- 
cember, 1803. 

In  Xovember,  1808,  the  celebrated  "  Orders  in  Council  were 
issued  by  the  British  Government,  which  prohibited  all  trade 
with  France  and  her  allies ;  and,  as  a  retaliatory  measure,  iii 
December  following  Bonaparte  issued  his  "  Milan  Decree,' 
interdicting  all  trade  with  England  and  her  colonies — thus  sub- 
jecting  almost  every  American  vessel  on  the  ocean  to  capture. 
In  requital  for  these  tyrannous  proceedings,  and  that  England 
and  France  might  both  feel  their  injustice,  Congress  decreed  an 
embargo;  but  as  this  failed  to  obtain  from  either  power  an  ac- 
knowledgment of  our  rights,  9.nd  was  also  ruinous  to  our  coia 
merce  with  other  nations,  it  was  repealed  in  March,  1809. 


JAMBS  MADISON, 

THE  FODKTH  PEESIDENT  OF  THE  UNITED  STATES, 

Was  born  in  Orange  County,  Virginia,  Marcli  16,  1751. 
His  studies,  preparatory  to  entering  Princeton  College,  were 
pursued  under  the  most  favorable  circumstances,  be  being 
provided  with  the  most  accomplished  instructors,  and  be 
graduated  with  high  honor  in  1771.  On  returning  to  Vir- 
ginia, he  zealously  commenced  the  study  of  the  law,  which 
he  subsequently  abandoned  for  political  life. 

In  1776,  he  was  elected  to  the  General  Assembly  of  Vir- 
ginia, and  from  this  period,  for  more  than  forty  years,  he 
was  continually  in  office,  serving  his  State  and  his  country 
in  various  capacities,  from  that  of  a  State  Legislator  to  that 
of  President. 

In  1778,  he  was  elected  by  the  Legislature  to  the  ex- 
ecutive council  of  the  State,  where  he  rendered  important 
aid  to  Henry  and  Jefferson,  Governors  of  Virginia,  during 
the  time  he  held  a  seat  in  the  council;  and  by  his  probity 
of  character,  faithfulness  in  the  discharge  of  duty,  and 
amiableness  of  deportment,  he  won  the  approbation  of  these 
great  men.  In  the  winter  of  1779-80,  he  took  his  seat  in 
the  Continental  Congress,  and  became  immediately  an  active 
and  leading  member,  as  the  journal  of  that  body  abund- 
antly testifies. 

In  1784-5-6,  he  was  a  member  of  the  Legislature  of 
Virginia.  In  1787,  he  became  a  member  of  the  Conven- 
tion held  in  Philadelphia,  for  the  purpose  of  preparing  a 
Constitution  for  the  Government  of  the  United  States.  Per- 
haps no  member  of  that  body  had  more  to  do  with  the 
formation  of  that  noble  instrument,  the  Constitution  of  the 
United  States  of  America,  than  Mr.  Madison. 

It  was  during  the  recess  between  the  proposition  of  the 
Constitution  by  the  Convention  of  1787,  and  its  adoption 
by  the  States,  that  that  celebrated  work,  The  Federalist," 
made  its  appearance.  This  is  known  to  be  the  joint  pro- 
duction of  Alexander  Hamilton,  John  Jay,  and  James 
Madison.  The  same  year  he  was  elected  to  Congress,  and 
held  his  seat  until  the  Continental  Congress  passed  away 
among  the  things  that  were.     He  was  a  member  of  the 

249 


250 


JAMES  MADISON. 


State  Convention  of  Virginia  which  met  to  adopt  the  Con- 
stitution, and  on  the  establishment  of  the  new  Congress 
under  the  Constitution,  he  was  chosen  a  member,  retaining 
his  seat  until  the  close  of  Washington's  administration. 

In  1801,  as  one  of  the  presidential  electors,  he  had  the 
gratification  of  voting  for  his  illustrious  friend  JeflFerson, 
who  immediately  ofifered  him  a  place  in  his  cabinet,  which 
was  accepted.  Accordingly,  he  entered  ^on  the  discharge 
of  his  duties  as  Secretary  of  State,  which  duties  he  con- 
tinued to  perform  during  the  whole  of  Mr.  Jefferson's  ad- 
ministration, and  on  the  retirement  of  that  great  statesman, 
in  1809,  he  succeeded  to  the  Presidency,  in  which  office  he 
served  two  terms. 

Mr.  Madison  then  retired  to  his  peaceful  home  in  Vir- 
ginia, where  he  passed  the  remainder  of  his  days  in  favorite 
pastimes,  loved  by  the  many  and  respected  by  all,  until  the 
28th  of  June,  1826,  when  the  last  survivor  of  the  framers 
of  our  Constitution  was  gathered  to  his  fathers,  full  of 
years  and  glory. 


ELECTORAL  TOTES. 


251 


Election  for  the  Sixth  Term,  commencing  March  4,  1809,  and 
terminating  March  3,  1813. 


PBXSIDKNT. 

VTOE-TKESraBirt. 

£ 

o 
a 

1 

o 

0 

i 

— 
0 

i 

0  ^ 

- 



No.  of  Elect 
each  Btal 

STATES. 

.1  antes  Madiec 
Virginia. 

Gporgo  Clintc 
Now  York. 

CO.  Pinckne 
iSouth  Carolii 

^  o 

s 

?  ? 

1 

it 

2  'Si 

|l 

s  ~ 

CO 

5| 
0 

X 

C  ? 

s  0 

7 

7 

7 
19 

19 

19 

4 

4 
9 

4 
9 

9 
6 
19 

8 

6 

6 

13 
8 

6 

13 

3 

3 

8. 

20 
3 
11 

20 

20 

"3' 

3 

9 

24 

11 

2 

9 

24 
11 

8 

24 
14 
10 
6 

"3" 

3 

South  Carolina  

10 
6 

10 
6 

7 

6 

3 

7 

7 

6 

5 

3 

3 

176 

122 

6 

47 

113 

3 

3 

9 

"47 

James  Madison  took  the  oath  of  office,  as  President,  and  e» 
tered  upon  his  duties  March  4,  1809. 

George  Clinton,  elected  Vice  President,  took  the  oath  of  office, 
and  attended  in  the  Senate,  March  4,  1809. 

Our  national  position,  especially  in  regard  to  England  and 
France,  was  certainly  a  very  perplexing  one  when  Mr.  Madison 
came  to  the  Presidency.  We  were  not  only  threatened  by  ene- 
mies abroad,  but  were  harassed  by  a  savage  foe  on  our  western 
frontier,  probably  urged  on  by  British  influence,  and  led  by  the 
famous  chief  Tecumseh  and  his  brother  the  Prophet.  These 
last  were  finally  subdued  in  1811;  but  our  European  foes  were 
more  troublesome.  After  all  peaceful  means  had  failed  to  check 
the  aggressions  of  England,  and  when  at  length  "patience  had 
ceased  to  be  a  virtue,"  war  was  declared  against  that  country, 
June  19,  1812.  The  events  of  that  war  it  is  not  within  our 
province  to  record;  and  it  is  sufficient  to  say,  that  they  greatly 
elevated  the  American  character  in  the  estimation  of  both 
friend»  and  enemies. 


252 


ELECTORAL  VOTES. 


Eleciion  for  the  Seventh  Term,  commencing  March  4,  1813,  and 
terminating  March  3,  1817. 


£-2 

® 


217 


New  Hampshire. 
Massachusetts.  •  ■ 
Rhode  Island.  • .. 

Connecticut  

Vermont  

New  York  

New  Jersey  

Pennsylrania. . .. 

Delaware  • 

Maryland  


Virginia. 
North  Carolina. 
South  Carolina. . 

Georgia  

Kentucky  

Tennessee  

Ohio  , 

Louisiana  


STATES, 


peesid't.  V.PBE8  "R 


I  fl-g 

'be  ]  !zi 


Whole  No.  of  Electors  •  

Majority  


100 


James  Madison,  elected  President  for  a  second  term.  l_Ther6 
is  no  notice  on  the  Journals  of  Congress  of  his  having  taken 
the  oath.]  a  x 

Elbridge  Gerry,  elected  Vice-President,  attended  in  the  henate 
on  the  24t.h  of  May,  1813,  and  exhibited  a  certificate  of  his  hav- 
ing taken  the  oath  of  office  prescribed  by  law,  which  was  read. 

The  war  into  which  the  country  had  been  forced  was  brought 
to  a  close  by  the  treaty  of  Ghent,  which  was  signed  Decepaber 
24,  1814;  but  this  treaty  had  scarcely  been  ratified,  when  it  be- 
came necessary  to  commence  another  war  for  the  protection  of 
American  commerce  and  seamf-n  against  Algerine  piracies.  In 
May,  1815,  a  squadron  under  Commodore  Decatur  sailed  for  the 
Mediterranean,  where  the  naval  force  ot  Algiers  was  cruising 
for  American  vessels.  After  capturing  two  of  the  enemy's  best 
frigates  in  that  sea,  Decatur  proceeded  to  the  Bay  of  Algiers, 
and  there  dictated  a  treaty  which  secured  the  United  btates 
from  any  further  molestation  from  that  quarter.  Similar  treaties 
wftre  also  concluded  with  the  other  Barbary  powers. 


JAMES  MONEOB, 

THE  FIFTH  PRESIDENT  OF  THE  UNITED  STATES, 

One  of  the  few  exalted  characters  that  served  his  country 
in  both  a  civil  and  military  capacity,  was  born  in  West- 
moreland county,  Virginia,  April  26,  1758,  and  was  edu- 
cated at  William  and  Mary's  College,  whence  he  graduated 
in  1776,  and  commenced  the  study  of  the  law.  Anxious 
to  aid  in  the  struggle  for  independence,  which  had  then 
just  began,  he  abandoned  his  studies,  and  entered  the  army 
as  a  cadet— joining  a  corps  under  the  gallant  General  Mer- 
cer. He  soon  distinguished  himself  in  several  well-fought 
battles,  and  rapid  promotion  followed,  until  he  reached  the 
rank  of  captain.  He  was  at  Harlem  Heights,  and  White 
Plains,  and  shared  the  perils  and  fatigues  of  the  distress- 
ing retreat  of  Washington  through  New  Jersey,  as  well  as 
the  glory  of  the  victory  over  the  E^essians  at  Trenton, 
where  he  received  a  musket-ball  in  the  shoulder;  notwith- 
standing which,  he  valiantly  "  fought  out  the  fight.''  He 
subsequently  accepted  the  post  of  an  aid  to  Lord  Stirling, 
with  the  rank  of  Major,  in  which  position  he  saw  much 
hard  service — being  engaged  in  almost  every  conflict  for 
the  two  succeeding  campaigns,  and  displaying  great  courage 
and  coolness  at  the  bloody  battles  of  Brandywine,  German- 
town,  and  Monmouth.  ^  ^ 

Aspiring  to  a  separate  command,  he  obtained  permission 
to  raise  a  regiment  in  his  native  State ;  for  which  purpose 
he  left  the  army,  and  returned  to  Virginia,  where  he  en- 
countered so  many  unexpected  and  discouraging  obstacles, 
that  he  finally  relinquished  the  enterprise,  and  resumed  his 
law  studies  in  the  office  of  Mr.  Jefi'erson. 

In  1780,  he  was  elected  to  the  Virginia  Legislature,  and 
in  the  following  year  was  made  one  of  Governor  Jefi"erson's 
council,  in  which  he  continued  until  1783,  when,  at  the  age 
of  twenty-four  years,  he  became  a  member  of  the  Conti- 
nental Congress.  After  serving  three  years  in  that  body, 
he  was  again  returned  to  the  State  Legislature. 

In  1788,  while  a  member  of  the  Convention  to  decide 
upon  the  adoption  of  the  new  Constitution,  he  voted  in  the 
minority  against  that  instrument ;  but  this  vote  did  not  at 

253 


254 


JAMES  MONROE. 


all  affect  hU  pepularity.  Two  years  afterward  he  waa 
elected  United  States  Senator,  and  in  1794  lie  was  sent 
envoy  extraordinary  and  minister  plenipotentiary  to  the 
Court  of  Versailles.  After  settling  the  cession  of  Louisiana 
to  the  United  States,  he  went  to  England  to  succeed  Mr. 
King  as  minister  at  the  court  of  St.  James.  The  affair  of 
the  frigate  Chesapeake  placing  him  in  an  uncomfortable 
situation,  he  rc^turned  to  the  United  States,  and,  in  1810, 
was  once  more  elected  to  the  Virginia  Legislature.  He 
was  soon  after  chosen  Governor  of  that  State,  in  which 
office  he  remained  until  Mr.  Madison  called  him  to  assume 
the  duties  of  Secretary  of  State  in  his  cabinet.  In  1817, 
he  was  elected  President  of  the  United  States,  and  in  1821 
was  unanimously  reelected,  with  the  exception  of  a  single 
vote  in  New  Hampshire.  His  administration  was  a  pros- 
perous and  quiet  one. 

He  united  with  Jefferson  and  Madison  in  founding  the 
University  of  Virginia;  and  when  the  convention  was 
formed  for  the  revision  of  the  Constitution  of  his  State,  he 
was  called  to  preside  over  its  action.  Not  long  after  this, 
he  went  to  reside  with  a  beloved  daughter  (the  wife  of 
Samuel  L.  Gouverneur,  Esq.)  in  New  York  City,  where  he 
lived  until  the  anniversary  of  Independence,  in  1831,  when, 
"  amidst  the  pealing  joy  and  congratulations  of  that  proud 
day,  he  passed  quietly  and  in  glory  away." 


ELECTORAL   TOTES.  255 

Election  for  the  Eighth  Term,  commencing  March  4,  1817,  and 
terminating  March  3, 1821. 


&TATES. 


Hew  Hampshire. 
Massachusetts. . . 
Rhode  Island... 

Connecticut  

Vermont  

New  York  , 

New  Jersey  

Pennsylvania... 

Delaware  

Maryland  

Virginia  

North  Carolina. 
South  Carolina. . 

Georgia  

Kentucky  

Tennessee  

Ohio  

Louisiana  

Indiana  


Whol*i  No.  of  Electors. 
Majority  


pssz;  ft  o 


26 


VICE-PBE8IDENT. 


183 


o  a 


2? 


••••I- 


James  Monroe  took  the  oath  of  oflGice,  as  President,  and  en- 
Cfefred  upon  his  duties  March  4,  1817. 

Daniel  D.  Tompkins,  elected  Vice-President,  took  the  oath  of 
office,  and  attended  in  the  Senate,  March  4,  1817. 

The  Seminole  and  a  few  of  the  Creek  Indians  commenced 
depredations  on  the  frontiers  of  Georgia  and  Alabama  towards 
the  close  of  1817,  for  which  they  were  severely  chastised  by  a 
force  under  General  Jackson,  and  gladly  sued  for  peace. 

In  February,  1819,  a  treaty  was  n^igotiated  at  Washington, 
by  which  Spain  ceded  to  the  United  States  East  and  West  Florida 
and  the  adjacent  Islands.  In  the  same  year  the  southern  por- 
tion of  Missouri  Territory  \*18  set  oflF  under  the  name  of  Ar- 
kansas, for  which  a  territorial  government  was  formed ;  and 
Alabama  was  constituted  a  State,  and  admitted  into  the  Union. 

Early  in  1820  the  province  of  Maine,  which  had  been  con- 
nected with  Massachusetts  since  1652,  was  separated  from  it. 
and  was  admitted  into  the  Union  as  an  independent  State. 


256 


ELECTORAL  VQTES. 


Election  for  the  Ninth  Term,  commencing  March  4:^  1821,  and 
terminating  March  3,  1825. 


STATES. 


New  Hampshire. 
Massachusetts. . . 
Rhode  Island. .. . 

Connecticut  

Vermont  

Ke-w  York  

New  Jersey  

Pennsylvania... . 

Delaware  

Maryland  

Virginia  

North  Carolina. . 
South  Carolina . , 

Greorgia  

Kentucky  

Tennessee  I.. 

Ohio  

Louisiana ....... 

Indiana  

Mississippi  

Illinois  

Alabama  

Maine  

Missouri  


PKESID'T. 


<  s 
.£  % 

Si  =1 


5  " 


No.  of  Electors  231 

Majority    118' 


5  S 
1^  a 


a 


Pi  c 


VICE  PEESIDENT. 


3  !■ 

3 
2 
3 
3 


1  218 


s-5  ^ 

1^ 


James  Monroe  was  re-elected  President,  but  there  is  no  notice 
on  the  Journals  of  Congress  that  he  again  took  the  oath  of  office. 

Daniel  D.  Tompkins  was  re-elected  Vice  President,  but  there 
is  no  record  of  his  having  taken  the  oath  of  office. 

Public  attention  was  much  occupied  in  1824-5  by  a  visit  from 
the  venerable  General  Lafayette,  who,  after  the  lapse  of  nearly 
half  a  century  from  the  period  of  his  military  career,  was  again 
welcomed  with  every  token  of  respect  that  could  be  devised  for 
honoring  the  "Nation's  Guest."  He  landed  in  New  York  in 
August,  1824,  and  after  remaining  there  a  short  time,  set  out  on 
a  tour  through  all  the  States.  Upwards  of  a  year  was  taken  up 
in  accomplishing  this  gratifying  object;  and  in  September,  1825, 
he  sailed  from  Washington"  in  the  frigate  Brandywine  fox*  his 
native  home. 


JOHN  QUINCY  ADAMS, 

THE  SIXTH  PRESIDENT  OP  THE  UNITED  STATES, 

Was  born  at  Quincy,  Massachusetts,  July  11,  1767,  and  re- 
ceived the  advantages  of  a  pretty  thorongli  education  be- 
fore entering  Harvard  College,  wliicli  was  not  until  the  year 
1786     After  graduating  with  marked  credit,  he  commenced 
the  study  of  law  at  Newburyport,  in  the  office  of  the  Hon. 
Theophilus  Parsons,  for  many  years  Chief  Justice  ot  Mas- 
sachusetts.   While  pursuing  his  studies  he  found  leisure 
to  write  several  newspaper  essays,  which  attracted  much 
attention,  and  displayed  a  maturity  of  taste  and  judgment 
seldom  attained  so  early  in  life.    In  1794,  Washington  ap- 
pointed him  minister  to  the  Netherlands,  and  subsequently 
transferred  him  to  Portugal.    He  was  afterward,  at  differ- 
ent periods,  minister  to  Prussia,  Russia,  and  England;  and 
was  one  of  the  commissioners  who  negotiated  the  treaty 
of  peace  with  Great  Britain,  at  Ghent,  in  1815.    In  1817, 
he  was  appointed  Secretary  of  State,  in  which  office  he  con- 
tinued during  Mr.  Monroe's  administration,  eight  years ; 
when  he  was  elected  by  the  House  of  Representatives 
President  of  the  United  States— the  people  having  failed 
in  making  a  choice.    Like  his  father,  he  encountered  strong 
opposition,  and  only  served  one  term  in  this  office,  being 
defeated  in  a  reelection  by  General  Jackson.     He  then 
retired  to  his  farm  at  Quincy,  but  did  not  remain  long  in 
private  life ;  for,  two  years  afterward,  he  was  chosen  Rep- 
resentative in  Congress,  and  continued  to  be  reelected  until 
his  death,  which  occurred  in  the  Capitol,  at  Washington, 
February  23,  1848.    Two  days  previous  to  this  sad  event, 
while  engaged  in  his  duties  in  the  House  of  Representa- 
tives, he  received  a  paralytic  stroke,  which  apparently  de- 
prived him  of  all  consciousness.     He  was  borne  to  the 
Speaker's  room,  where  he  received  every  attention  that 
could  be  bestowed  by  anxious  and  devoted  friends,  but  ail 
in  vain— his  hour  was  come.    The  last  words  he  was  heard 
to  utter  were,  "This  is  the  last  of  earth." 

Mr.  Adams  was  a  man  of  rare  gifts  and  rich  acquisitions. 
A  diligent  student,  and  economical  of  his  time,  he  found 
opportunity,  amid  all  his  public  cares,  to  cultivate  his 
22  257 


258 


JOHN  QUINCT  ADAMS. 


tastes  for  literature  and  the  sciences.  He  was  one  of  the 
finest  classical  and  belles-lettres  scholars  of  his  time,  and 
filled  the  chair  of  Professor  of  Rhetoric  and  Belles-lettres 
in  Harvard  College  for  several  years.  Even  in  his  old  age, 
he  often  astonished  his  hearers  with  the  elegant  classical 
allusions  and  rhetorical  tropes  with  which  he  enriched  and 
embellished  his  own  productions. 


ELECTORAL  VOTES. 


259 


Election  for  the  Tenth  Term,  commencing  March  4.  1825,  and 
terminating  March  3,  1829. 


9  « 

?5  « 


PBESIDENT. 


STATES. 


261 


New  Hampshire. 
Massachusetts  . . 
Rhode  Island. ... 

Connecticut  

Vermont  

New  York  

New  Jersey  

Pennsylvania  . . 

Delaware  

Maryland  

Virginia  

North  Carolina. 
South  Carolina. 

Georgia  

Kentucky  

Tennessee  

Ohio  

Louisiana  

Indiana  

Mississippi  

Illinois  


^  O 


Maine  . . , 
Missouri 


Whole  No.  of  Electors 
Majority.   131 


so  ■  §  g 


VICE  PKESIDENT. 


M3  ^ 

52;  o 


14 


84 


37 


182 


16 


30 


13 


Neither  candidate  for  the  Presidency  having  received  a  ma- 
iority  of  the  electoral  votes,  it  devolved  upon  the  House  of  Rep- 
resentatives to  choose  a  President  from  the  three  highest  on  the 
list  of  those  voted  for,  which  three  were  Andrew  Jackson,  John 
Quincy  Adams,  and  William  H.  Crawford.  Twenty-four  tellers 
(one  member  from  each  8tate)  were  appointed,  who,  after  exam- 
mincr  the  ballots,  announced  that  the  votes  ot  thirteen  btates 
had°been  given  for  John  Quincy  Adams;  the  votes  of  seven 
States  for  Andrew  Jackson;  and  the  votes  of  four  States  tor 
William  H.  Crawford.  The  Speaker  then  declared  that  John 
Ouincv  Adams,  having  received  a  majority  of  the  votes  oi  all  the 

States,  wa^  duly  elected  President  of  the  United  States  for  four  years,  commencing 
on  the  4th  of  March,  1825 ;  on  which  day  Mr.  Adams  took  the  oath  of  office,  and 
entered  upon  his  duties.  . ,    .    ^    ■,   ^.x.       ^i.  „r  „<«  ^ 

John  C:  Calhoun,  having  been  elected  Vice  President,  took  the  oath  of  office, 
and  attended  in  the  Senate,  March  4,  1825. 


ANDREW  JACKSON", 

THE  SEYENTH  PEESIDEliT  OF  THE  UNITED  STATES. 

A  statesman  of  rare  integrity,  and  a  general  of  invincible 
skill  and  courage,  was  born  at  Waxbaw,  Lancaster  County 
South  Carolina,  in  1767,  and  while  yet  a  mere  lad,  did  some- 
thing toward  achieving  the  independence  of  his  country. 
It  IS  said  that  he  commenced  his  military  career  at  the  age 
of  fourteen  years,  and  was  soon  after  taken  prisoner,  to- 
gether with  an  elder  brother.    During  his  captivity,  he  was 
ordered  by  a  British  officer  to  perform  some  menial  service, 
which  he  promptly  refused,  and  for  this  refusal  was  "  se- 
verely wounded  with  the  sword  which  the  Englishman  dis- 
graced."   He  was  educated  for  the  bar,  and  commenced 
practice  at  Nashville,  Tennessee,  but  relinquished  his  legal 
pursuits  to  "  gain  a  name  in  arms."    In  the  early  part  of 
the  war  of  1812,  Congress,  having  voted  to  accept  fifty 
thousand  volunteers,  General  Jackson  appealed  to  the  militia 
of  Tennessee,  when  twenty-five  hundred  enrolled  their 
names,  and  presented  themselves  to  Congress,  with  General 
Jackson  at  their  head.    They  were  accepted,  and  ordered 
to  Natchez,  to  watch  the  operations  of  the  British  in  lower 
Mississippi.    Not  long  after,  he  received  orders  from  head- 
quarters to  disband  his  men  and  send  them  to  their  homes. 
To  obey,  he  foresaw,  would  be  an  act  of  great  injustice  to 
his  command,  and  reflect  disgrace  on  the  country,  and  he  re- 
solved to  disobey.    He  accordingly  broke  up  his  camp,  and 
returned  to  Nashville,  bringing  all  his  sick  with  him,  whose 
wants  on  the  way  he  relieved  with  his  private  means,  and 
there  disbanded  his  troops  in  the  midst  of  their  homes. 

He  was  soon  called  to  the  field  once  more,  and  his  com- 
mission marked  out  his  course  of  duty  on  the  field  of  In- 
dian warfare.  Here  for  years  he  labored,  and  fought,  and 
diplomatized,  with  the  most  consummate  wisdom  and  un- 
daunted courage.  It  was  about  this  time  that  the  treaty  of 
the  "Hickory  Gound  "  occurred,  which  gave  him  the  fa- 
miliar sobriquet  of  "  Old  Hickory." 

^  The  crowning  glory  of  his  whole  military  career  was  the 
battle  of  New  Orleans ;  which  will  ever  occupy  one  of  the 
brightest  pages  in  American  history. 
260 


ANDREW  JACKSO^. 


261 


At  the  close  of  the  war  lie  returned  to  his  home  in  Nash- 
ville; but  in  1818  was  again  called  on  by  his  country  to 
render  his  military  services  in  the  expulsion  of  the  Semi- 
noles.  His  conduct  during  this  campaign  has  been  both 
bitterly  condemned  and  highly  applauded.  An  attempt  in 
the  House  of  Representatives  to  inflict  a  censure  on  the 
old  hero  for  the  irregularities  of  this  campaign,  after  a  long 
and  bitter  debate,  was  defeated  by  a  large  majority. 

In  1828,  and  again  in  1832,  General  Jackson  was  elected 
to  fill  the  Presidential  chair ;  thus  occupying  that  elevated 
position  for  eight  successive  years.  He  then  retired  to  his 
hospitable  mansion  ("the  Hermitage"),  near  Nashville, 
"  loaded  with  wealth  and  honors  bravely  won,''  where  he 
continued  to  realize  all  the  enjoyments  that  are  inseparable 
from  a  well-spent  life,  until  death  translated  him  to  those 
higher  rewards,  which  "  earth  can  neither  give  nor  take 
away."  He  died  June  8,  1845,  and  his  last  hours  were 
soothed  by  a  trustful  reliance  on  the  Sayior  of  the  world 
for  Balyation. 


262 


ELECTORAL  VOTES. 


Election  for  the  Eleventh  Term,  commencing  March  4, 1829,  and 
terminating  March  3, 1833. 


STATES. 


Maioe  

New  Hampshire. 
Massachusetts. . . 
Bhode  Island.... 

Connecticut  

Vermont  

New  York  

New  Jersey  

Pennsylvania.. . . 

Delaware  

Maryland  

Virginia   

North  Carolina.. 
South  Carolina.. 

Georgia  ■ . . 

Kentucky....... 

Tennessee  

Ohio  

Louisiana  

Mississippi  

Indiana  

Illinois  

Alabama  

Missouri  


Whole  No.  of  Eelectors. 
Majority  


.131 


pkesid't.  vice  pbesid'* 


<  s 


20 


178 


83  171 


Andrew  Jackson  took  the  oath  of  office,  as  President,  and  en- 
tered upon  his  duties  March  4,  1829. 

John  C.  Calhoun  took  the  oath  of  office,  as  Vice  President, 
and  presided  in  the  Senate  March  4,  1829. 

A  series  of  unfortunate  political  and  social  occurrences  soon 
led  to  a  rupture  of  that  cordiality  which  had  formerly  existed 
between  these  two  distinguished  individuals,  the  consequences 
of  which  were  peculiarly  disastrous  to  the  political  aspirations 
of  Mr.  Calhoun,  who  was  never  afterwards  regarded  with  much 
favor  beyond  the  immediate  limits  of  his  own  State. 

KoTE. — It  was  during  this  administration  that  the  doctrine  of  State's  rights 
was  so  strongly  urged  by  Calhi.'un,  and  to  this  period  may  ba  dated  the  orisio  ctt 
tho  treat  rebellion  of  18til. 


ELECTORAL  TOTES. 


263 


Election  for  tTie  Twelfth  Term,  commencing  March  4,  1833,  and 
terminating  March  3,  1837. 


STATES. 


Maine  

New  Hampshire. 
Massachusetts. .. 
Rhode  Island.... 
Connecticut. . . 

Vermont  

New  York  

New  Jersey  

PennsY^ania  . . . 

Delaw^e  

Maryland  

Virginia  

North  Carolina.. 
South  Carolina.. 

Greorgia  

Kentucky  

Tennessee.  

Ohio  

Louisiana  

Mississippi  

Indiana  

Illinois  

Alabama  

Missouri  


Whole  No.  of  Electors  219 

Majority  145 


PBISIDENT. 


YICE  PB£8UD£irr. 


42 


7  189 


30 


if 


Andrew  Jackson,  re-elected  President,  took  the  oath  of  office, 
and  continued  his  duties,  March  4,  1833. 

Martin  Van  Buren,  having  been  elected  Vice  President,  took 
the  oath  of  office,  and  attended  in  the  Senate,  Marc-h  4,  1833. 

Early  in  June,  1833,  the  President  left  Washington  on  a  tour 
through  the  Northern  States,  and  was  everywhere  received  with 
an  enthusiasm  that  evinced  the  cordial  approval  of  his  adminis- 
tration by  the  people.  One  of  his  first  measures,  on  returning 
to  the  seat  of  government,  was  the  removal  of  the  public  moneys 
from  the  United  States  Bank,  for  which  act  he  encountered  the 
most  virulent  hostility  of  a  small  majority  of  the  Senate,  who 
passed  resolutions  censuring  his  course.  But  this  injustice  has 
not  been  perpetuated;  for  on  the  16th  of  January,  1837,  these 
partisan  resolutions  were  expunged  from  the  records  by  order 
of  a  handsome  majority 


MAETIN  VAN  BUEEN, 

THE  EIGHTH  PRESIDENT  OF  THE  UNITED  STATES, 

Was  born  in  tlie  flourishing  town  of  Kinderhook,  New 
York,  September  5,  1782,  and  early  received  the  best  ed- 
ucation that  could  then  be  obtained  in  the  schools  in  his 
immediate  vicinity.  Having  sufficiently  prepared  himself 
for  the  study  of  law,  he  entered  the  office  of  Francis  Syl- 
vester, in  his  native  town,  where  he  remained  about  six 
years.  But  law  did  not  engross  his  whole  time :  he  found 
leisure  occasionally  to  peer  into  the  mysteries  of  political 
economy,  and  finally  arrived  at  the  conclusion  that  his 
chances  for  fame  and  fortune  were  at  least  equal  in  the 
arena  of  politics  to  any  thing  tie  might  accomplish  by  a 
strict  adherence  to  legal  pursuits.  Fully  impressed  with 
this  idea,  he  early  set  about  cultivating  what  little  popu- 
larity could  be  gained  in  his  limited  sphere,  and  so  won 
upon  the  confidence  of  his  neighbors  and  friends  as  to  be 
appointed,  while  yet  in  his  teens,  a  delegate  to  a  conven- 
tion in  his  native  county,  in  which  important  political 
measures  were  to  be  acted  upon. 

In  1808,  he  was  appointed  Surrogate  of  Columbia  County, 
the  first  public  office  he  ever  held;  and  in  1812  and  1816 
he  was  elected  to  the  State  Senate,  in  which  body  he  be- 
came a  distinguished  leader  of  the  Madison  party,  and  one 
of  its  most  eloquent  supporters. 

In  1821,  he  was  elected  to  the  United  States  Senate,  in 
which  he  held  his  seat  for  nearly  eight  years,  and  became 
remarkable  not  only  for  his  close  attention  to  business,  but 
also  for  his  devotion  to  the  great  principles  of  the  Demo- 
cratic party. 

In  1828,  he  was  elected  Governor  of  his  native  State, 
and  entered  upon  the  duties  of  that  office,  on  the  first  of 
January,  1829;  but  he  filled  the  gubernatorial  chair  for 
only  a  few  weeks.  In  March  following,  when  G-eneral 
Jackson  was  elevated  to  the  Presidency,  he  tendered  Mr. 
Van  Buren  the  post  of  Secretary  of  State,  which  was  ac- 
cepted. At  the  expiration  of  two  years  he  resigned  his 
seat  in  the  Cabinet,  and  was  immediately  appointed  min- 
ister to  England;  but  when  his  nomination  was  submitted 
264 


MARTIN  VAN  BUREN.  265 


to  the  Senate  (June  25, 1831)  it  was  rejected  by  the  casting 
vote  of  the  Vice-President  (Mr.  Calhoun),  and,  of  course, 
he  was  recalled.  As  his  friends  attributed  his  rejection 
to  personal  and  political  rancor,  it  only  served  to  raise 
Mr.  Van  Buren  in  the  estimation  of  his  political  adher- 
ents, and  the  result  was  that,  in  May  following,  he  was 
nominated,  with  great  unanimity,  for  the  Vice-Presidency 
by  the  Democratic  Convention,  at  Baltimore.  His  trium- 
phant election  was  regarded  not  merely  as  a  high  compli- 
ment to  himself,  but  as  a  wholesome  rebuke  to  his  oppo- 
nents. ^ 


In  1836,  he  was  put  in  nomination  for  the  chief  magis- 
tracy, to  which  he  was  elected,  by  a  large  majority,  over 
General  Harrison;  but,  at  the  next  Presidential  election 
the  tables  were  turned,  and  he  only  received  sixty  votes 
out  of  two  hundred  and  ninety-four. 

After  his  defeat,  he  returned  to  Kinderhook,  where  he 
remained  some  time,  and  then  visited  Europe,  with  one  of 
his  sons,  whose  restoration  to  health  was  the  principal  ob- 
ject of  his  journey.  Not  long  after  his  return  he  consented 
to  become  once  more  a  candidate  for  the  Presidency  and 
in  1848,  received  the  nomination  of  the  Free-soil  party  bufc 
did  not  secure  a  single  electoral  vote. 


23 


266 


ELECTORAL  VOTES. 


Election  for  the  Thirteenth  Term,  commencing  March  4,  1837 
and  terminating  March  3,  1841. 


STATES. 


▼ICE  PBEaiOENT. 


5& 


ii 


MaiE»  

New  Hampshire. 
Massachusetts. .. 
Rhode  Islaud. . .. 

Coiiuecticut  , 

Vermont  , 

New  York  

New  Jersey  

Pennsylvania, . .. 

Delaware  , 

Maryland  

Virginia  

North  Carolina.. . 
South  Carolina. » 

Georgia  

Kentucky  

Tennessee  

Ohio  

Louisiana  

Mississippi  

Indiana  

Illinois  , 

Alabama.  

Missouri  

Arkansas  

Michigan  


Whole  No.  of  Electors. 
Majority  .^^^^^^ 


170 


11 


77 


47 


Martin  Van  Buren,  elected  President,  took  the  oath  of  office, 
and  entered  upon  his  duties,  March  4, 1837. 

Richard  M.  Johnson,  elected  Vice  President,  took  the  oath  of 
office,  and  attended  in  the  Senate,  March  4,  1837. 

Urged  by  the  unprecedented  financial  embarrassments  which 
were  experienced  in  every  branch  of  industry,  and  especially 
by  the  mercantile  class,  Mr.  Van  Buren's  first  measure  was  to 
convene  a  special  meeting  of  Congress  early  in  September,  '37, 
which  continued  in  session  forty  days,  but  accomplished  very 
little.  A  bill  authorizing  the  issue  of  $10,000,000  in  treasury 
notes  was  passed;  but  the  Independent  Treasury  bill  (the  great 
financial  measure  of  the  administration)  was  then  rejected,  al- 
though afterwards  (in  1840)  adopted. 

*Elected  by  the  SenAte. 


WILLIAM  HENET  HAEEISON, 

THE  NINTH  PBESIDENT  OF  THE  UNITED  STATES, 

Was  born  in  Charles  City  County,  Virginia,  February  9, 
1773,  and  was  educated  for  the  medical  profession  at 
Hampden  Sydney  College.  He  graduated  at  a  time  when 
our  north-western  frontier  was  suffering  much  from  the 
neighboring  Indians,  and,  believing  that  he  could  be  of 
greater  service  in  repelling  the  savage  invaders  than  in 
pursuing  his  studies,  he  accepted  an  ensign's  commission 
from  President  Washington,  and  joined  the  army.  He 
was  promoted  to  a  lieutenancy  in  1792,  and  his  skill  and 
bravery  were  highly  commended  by  General  Wayne,  under 
whose  command  he  was  engaged  in  several  actions.  After 
the  bloody  battle  of  Miami  Rapids,  he  was  rewarded  with 
the  rank  of  captain,  and  immediately  placed  in  command 
of  Fort  Washington.  In  1797,  he  resigned  his  commission 
for  the  purpose  of  accepting  the  office  of  Secretary  of  the 
North-west  Territory,  from  which  he  was  elected  a  dele- 
gate to  Congress  in  1799. 

When  a  territorial  government  was  formed  for  Indiana, 
he  was  appointed  the  first  Grovernor,  and  continued  in  that 
office  till  1813.  To  his  civil  and  military  duties  he  added 
those  of  Commissioner  and  Superintendent  of  Indian  Affairs; 
and,  in  the  course  of  his  administration,  he  concluded  thir- 
teen important  treaties  with  the  different  tribes.  On  the 
7th  of  November,  1811,  he  gained  the  celebrated  battle  of 
Tippecanoe,  the  news  of  which  was  received  throughout 
the  country  with  a  burst  of  enthusiasm.  During  the  war 
of  1812,  he  was  made  commander  of  the  North-western 
army  of  the  United  States,  and  he  bore  a  conspicuous  part 
in  the  leading  events  in  the  campaign  of  1812-13 — the 
defense  of  Fort  Meigs,  and  the  victory  of  the  Thames.  In 
1814,  he  was  appointed,  in  conjunction  with  his  compan- 
ions in  arms,  Governor  Shelby  and  General  Cass,  to  treat 
with  the  Indians  in  the  North-west,  at  Greenville ;  and,  in 
the  following  year,  he  was  placed  at  the  head  of  a  com- 
mission to  treat  with  various  other  important  tribes. 

In  1816,  he  was  elected  a  member  of  Congress  from 
Ohio,  and,  in  1828,  he  was  sent  minister  plenipotentiary 

267 


268 


WILLIAM  HENRY  HARRISON. 


to  the  republic  of  Colombia.  On  bis  return,  be  took  up 
bis  residence  at  No^tb  Bend,  on  tbe  Obio,  wbere  be  lived 
upon  bis  farm,  in  comparative  retirement,  till  1836,  wben 
be  became  a  candidate  for  tbe  Presidency;  and,  altbougb 
defeated  on  tbe  first  trial,  four  years  afterward  be  was 
elected  by  a  large  majority,  and  inaugurated  in  1841.  But 
be  did  not  long  survive  tbis  crowning  bonor,  as  be  died 
on  tbe  4tb  of  April,  just  one  montb  after  entering  upon 
bis  duties.  His  funeral  obsequies  were  performed  on  tbe 
7tb,  and  an  immense  concourse  assembled  to  pay  tbeir 
testimony  of  respect.  Funeral  services  and  processions 
also  took  place  in  most  of  tbe  principal  cities  tbrougbout 
tbe  country.  As  Greneral  Harrison  was  tbe  first  President 
wbo  died  wbile  in  office,  bis  successor,  Mr.  Tyler,  recom- 
mended tbat  tbe  14tb  of  May  be  observed  as  a  day  of  fast- 
ing and  prayer,  and  accordingly  it  was  so  observed. 


ELECTORAL  VOTES. 


Election  for  fhe  Fourteenth  Term,  commencing  March  4,  1841, 
and  terminating  March  3^^1845. 


STATES. 


PRESII)  T.    TICE  PRESIDENT. 


Maine  

New  Hampshire. 
Massachusetts. . . 
Rhode  Island... 

G^mnecticut  

Vermont  

New  York.  

New  Jersey  , 

Pennsylvania. .  ■ 

Delaware  

Maryland  

Virginia  

North  Carolina., 
South  Carolina. . 

Georgia  

Kentucky  

Tennessee  

Ohio  

Louisiana  

Mississippi  

Indiana  

Illinois  

Alabama  

Missouri  , 

Arkansas  

Michigan  


No.  of  Electors  

Majority  148 


15 


23't 


60  |234 


U 


William  H.  Harrison,  elected  President,  took  the  oath  of  of- 
fice, and  entered  upon  his  duties,  March  4,  1841. 

John  Tyler,  elected  Vice  President,  took  the  oath  of  office, 
and  attended  in  the  Senate,  March  4,  1841. 

Soon  after  his  inauguration,  President  Harrison  issued  a  pro- 
clamation, convening  Congress  for  an  extra  session  on  the  Slst 
of  _May,  to  consider  "sundry  weighty  and  important  matters, 
chiefly  growing  out  of  the  state  of  the  revenue  and  finances  of 
the  country."  But  he  did  not  live  to  submit  his  remedial  plana 
— dying,  after  a  very  brief  illness,  on  the  4th  of  April,  exactly 
one  month  after  coming  into  office.  He  was  the  first  President 
who  had  died  during  his  official  term,  and  a  messenger  was  im- 
mediately dispatched  with  a  letter,  signed  by  all  the  members 
of  the  Cabinet,  conveying  the  melancholy  intelligence  to  the 


270  ELECTORAL  VOTES. 


^ice  President,  then  at  Williamsburg,  Va.  By  extraordiuary 
means  he  reached  Washington  at  five  o'clock  on  the  mornin<' 
of  the  6th,  and  at  twelve  o'clock  the  Heads  of  Departments 
vraited  upon  him,  to  pay  their  official  and  personal  respects. 
After  signifying  his  deep  feeling  of  the  public  calamity  sus- 
tained by  the  death  of  President  Harrison,  and  expressing  his 
profound  sensibility  of  the  heavy  responsibilities  so  sudd'enly 
devolved  upon  himself,  he  made  known  his  wishes  that  the  sev- 
eral Heads  of  Departments  would  continue  to  till  the  places 
which  they  then  respectively  occupied,  and  his  confidence  that 
they  would  afibrd  all  the  aid  in  their  power  to  enable  him  to  carry 
on  the  administration  of  the  government  successfully.  Mr.  Tyler 
afterwards  took  and  subscribed  the  following  oath  of  office : 

thl'  nJfJn^lf  8w^r,  that  I  will  faithfully  execute  the  office  of  President  of 
f  ^  Y^^^  and  will,  to  the  best  of  my  ability,  preserye,  protect,  and  da- 

fend  the  Constitution  of  the  United  States.  JOHN  TYT.ICR 

"Apbil  6, 1841."  xiiiJ!.Jt. 

Pursuant  to  the  proclamation  of  President  Harrison,  Congress 
met  on  the  Slst  of  May,  and  continued  in  session  until  the  i3th 

V  ^^P^^^^^er.  On  the  27th  of  July  a  bill  for  the  establishment 
of  Ihe  Fiscal  Bank  of  the  United  States,"  passed  the  Senate 
by  a  vote  of  26  to  23,  and  was  concurred  in  by  the  House  of 
Representatives  on  the  6th  of  August— 128  to  91.  President 
Tyler,  however,  returned  the  bill  on  the  16th,  with  his  objec- 
tions, and  it  was  lost  for  lack  of  a  constitutional  majority.  But 
the  friends  of  a  national  bank  were  not  to  be  deterred  from  their 
purpose  by  a  single  repulse ;  another  bill  (about  the  same  in 
substance)  was  immediately  hurried  through  both  Houses,  un- 
der the  title  of  "  The  Fiscal  Corporation  of  the  United  States," 
but  this  shared  the  fate  of  its  predecessor. 

A  Senate  bill  for  the  establishment  of  a  uniform  system  of 
bankruptcy  throughout  the  United  States,  was  concurred  in  by 
the  House  on  the  18th  of  August,  and  became  a  law;  but,  meet- 
ing with  very  general  condemnation,  it  was  soon  after  repealed. 

A  bill  was  also  passed  at  this  extra  session  for  the  distribution 
of  the  proceeds  of  the  sales  of  the  public  lands  among  the  seve- 
ral States,  in  proportion  to  population. 

In  1842  an  important  treaty,  adjusting  the  north-eastern  boun- 
dary of  the  United  States,  was  negotiated  at  Washington  be- 
tween Mr.  Webster,  on  the  part  of  this  country,  and  Lord  Ash- 
burton,  on  the  part  of  Great  Britain. 

During  the  last  year  of  Mr.  Tyler's  administration  much  excite- 
ment prevailed  on  the  proposed  annexation  of  Texas  to  the  Union, 
which  was  strongly  resisted  at  the  North,  on  the  ground  that  the 
bouth  and  southern  institutions  would  thereby  gain  increased 
power  in  the  national  councils.  A  treaty  of  annexation,  signed 
by  the  President,  was  rejected  by  tHe  Senate,  but  measures  were 
taken  by  which  Texas  was  admitted  the  year  following. 


JOHN  TYLER, 

THE  SUCCESSOB  OF  GENERAL  HARRISON  AS  PRESIDENT, 

Was  born  at  Williamsburg,  Virginia,  March  29,  1790,  and 
at  the  age  of  twelve  years  entered  William  and  Mary's 
College,  where  he  graduated  with  distinguished  merit  five 
years  afterward.  Few  have  commenced  life  at  so  early  a 
period  as  Mr.  Tyler — he  having  been  admitted  to  the  bar 
when  only  nineteen,  and  elected  to  the  Virginia  Legisla- 
ture before  attaining  his  twenty-second  year.  In  1816,  he 
was  sent  to  Congress ;  in  1825,  elected  Grovernor  of  Vir- 
ginia ;  and  in  1827,  became  United  States  Senator;  in  which 
capacity  he  firmly  supported  the  administration  of  General 
Jackson — voting  against  the  tariff  bill  of  1828,  and  against 
rechartering  the  United  States  Bank.  Notwithstanding 
this  last  vote,  the  friends  of  the  bank,  presuming  upon  his 
well-known  conservatism,  at  the  special  session  of  Congress 
called  by  his  predecessor,  introduced  a  bill  for  the  estab- 
lishment of  the  "  Fiscal  Bank  of  the  United  States,"  which 
passed  both  Houses  by  small  majorities,  and  which  Mr. 
Tyler  felt  bound  to  veto.  But  this  did  not  dishearten  the 
friends  of  the  measure,  who  modified  and  rechristened  theii 
financial  plan,  which,  under  the  name  of  "  Fiscal  Corpora- 
tion of  the  United  States,"  again  passed  both  houses  of 
Congress,  and  was  again  vetoed  by  the  President.  Of 
course,  a  large  portion  of  the  party  that  elected  him  were 
greatly  dissatisfied  with  his  course,  and  their  denunciation 
of  his  alleged  faithlessness  'were  "  loud  and  deep."  To 
add  to  the  embarrassments  which  were  accumulating  around 
him,  all  the  members  of  his  Cabinet,  with  the  exception 
of  Mr.  Webster,  resigned  their  places;  but  even  this  im- 
plied rebuke  did  not  shake  his  integrity  of  purpose.  An 
equally  efficient  phalanx  of  talent  was  called  to  his  aid, 
and  he  had  the  satisfaction  of  seeing  that  his  views  were 
indorsed  by  a  large  number  of  leading  statesmen.  It  has 
often  been  asserted  that  Mr.  T.  had  pledged  himself  to 
sustain  the  financial  schemes  of  the  bank  and  its  friends ; 
but  this  has  always  been  denied,  and  circumstances  cer- 
tainly warrant  the  conclusion  that  the  assertion  is  un- 
founded.   So  gross  and  bitter  were  the  assaulti  made  upon 

271 


272 


JOHN  TYLER. 


him,  that  he  felt  called  upon  to  defend  himself  from  their 
violence;  and,  after  declaring  his  determination  to  do  his 
duty,  regardless  of  party  ties,  he  said,  "I  appeal  from  the 
vituperation  of  the  present  day  to  the  pen  of  impartial 
history,  m  confidence  that  neither  my  motives  nor  my  acts 
will  bear  the  interpretation  which,  for  sinister  motives  has 
been  placed  upon  them."  On  the  expiration  of  his  official 
term,  he  retired  to  his  estate  at  Williamsburg 


JAMES  KNOX  POLK, 

THE  TENTH  PRESIDENT  OP  THE  UNITED  STATES, 

Was  born  at  Mecklenberg,  Nortla  Carolina,  November  2, 
1795,  and  there  received  the  rudiments  of  his  «arly  edu- 
cation. In  1806,  his  father  removed  to  Nashville,  Ten- 
nessee, taking  his  family  with  him,  and  here  it  was  that 
Mr.  Polk  pursued  those  preliminary  studies  which  were 
requisite  to  qualify  him  for  the  legal  profession.  After 
due  preparation,  he-  entered  the  office  of  Hon.  Felix 
Grrundy,  under  whose  able  instruction  he  made  such  rapid 
progress,  that  he  was  admitted  to  practice  in  1820.  Hia 
duties  at  the  bar  did  not  prevent  him  from  taking  part  in 
the  political  affairs  of  the  day;  and  in  this  sphere  his 
comprehensive  views  and  zealous  devotion  to  Democracy 
soon  secured  him  a  widely-extended  popularity,  which  re- 
sulted in  his  election  to  the  Legislature  of  Tennessee,  in 
1823.  In  1825,  while  yet  in  his  thirtieth  year,  he  was 
chosen  a  member  of  Congress,  in  which  body  he  reniained 
fourteen  years — being  honored  with  the  Speakership  for 
several  sessions.  So  well  satisfied  were  his  constituents 
with  his  congressional  coi^rse,  that  he  was  elected  G-overnor 
by  a  large  majority,  but  some  questions  of  local  policy  sub- 
sequently defeated  his  reelection. 

In  1844,  he  was  unexpectedly  nominated  for  the  office  of 
President  of  the  United  States  by  the  Democratic  Conven- 
tion at  Baltimore ;  and,  having  received  sixty-five  electoral 
votes  more  than  his  r'v  a\  candidate,  Mr.  Clay,  he  was  in- 
augurated on  the  4th  of  March,  1845. 

Soon  after  Mr.  Polk  assumed  the  reins  of  government, 
the  country  became  involved  in  a  war  with  Mexico,  which 
was  little  more  than  a  series  of  victories  wherever  the 
American  banner  was  displayed,  and  which  resulted  in  im- 
portant territorial  acquisitions.  The  ostensible  ground  for 
this  war,  on  the  part  of  Mexico,  was  the  admission  of  Texas 
into  the  Union,  which  was  one  of  the  firs^  acts  of  Mr.  Polk's 
administration.  The  Mexicans,  however,  paid  dearly  for 
asserting  their  frivolous  claim  to  Texas  as  a  revolted  prov- 
ince, and  the  prompt  and  energetic  course  pursued  by  Mr. 

273 


274  JAMES  KNOX  POLK. 


tiie  pe'^ple^^''''*'°°^'^  ^""^  sustained  by  a  large  majority  of 
But  notwitlistanding  the  advantageous  issue  of  the  war 
the  acquisition  of  Texas,  and  the  satisfactory  settlement  of 
several  vexed  questions  of  long  standing,  Mr  Polk  waa 
not  nominated  for  a  second  term— various  extraneous  mat- 
ters leading  to  the  selection  of  another  candidate  Per- 
haps it  was  fortunate  for  the  country  and  for  himself  that 
he  was  permitted  to  retire  to  the  more  congenial  enjoyment 
of  private  life;  for  his  health  had  become  very  much  im- 
paired, and  he  did  not  long  survive  after  reaching  his  home 
m  Nashville.    He  died  June  15,  1849. 


ILBOTOBAL  VOTES. 


275 


Election  for  the  Fifteenth  Term,  commencing  March  4,  1845, 
and  terminating  March  3,  1849. 


STATES. 


o 

.  ® 

I  4) 


I- 


a  p 


Maine  

New  Hampshire  

Massachusetts  

Bhode  Island  

Connecticut  

Vermont  

New  York  

New  Jersey  

Pennsylvania  

Delaware  

Maryland  

Virginia  

North  Carolina  

South  Carolina  

Georgia  

Kentucky  

Tennessee  

Ohio  

Louisiana  

Mississippi  

Indiana  

Illinois  

Alabama  

Missouri.  

Arkansas  

Michigan  

"Whole  No.  of  Electors. 
Majority  


17 


170 


105 


James  K.  Polk  took  the  oath  of  office,  as  President,  and  en- 
tered upon  his  duties  March  4,  1845. 

George  M.  Dallas  took  the  oath  of  office,  as  Vice  President, 
and  attended  in  the  Senate,  March  4,  1845. 

The  most  important  incidents  of  Mr.  Polk  s  administration 
were  the  admission  of  Texas  and  the  consequent  war  with  Mex- 
ico, the  latter  of  which  resulted  in  extending  our  territorial 
boundaries  to  the  Pacific  Ocean,  embracing  regions  of  incalcu 
Uble  value. 


ZACHAET  TATLOE, 

THE  ELEVENTH  PBESIDENT  OF  THE  UNITED  STATES, 

Was  born  in  Orange  County,  Virginia,  November  24, 1790, 
and,  after  receiving  an  indifferent  education,  passed  a  con- 
siderable portion  of  his  boyhood  amid  the  stirring  scenes 
which  were  being  enacted  at  that  time  on  our  western 
border.    In  1808,  he  was  appointed  a  lieutenant  in  the 
United  States  infantry,  and  subsequently  was  promoted  to 
a  captaincy  for  his  efficient  services  against  the  Indians. 
Soon  after  the  declaration  of  war,  in  1812,  he  was  placed 
in  command  of  Fort  Harrison,  which  he  so  gallantly  de- 
fended with  a  handful  of  men  against  the  attack  of  a  large 
body  of  savages,  as  to  win  the  brevet  rank  of  major.  So 
familiar  did  he  become  with  the  Indian  character,  and  with 
the  mode  of  warfare  of  that  wily  foe,  that  his  services  at 
the  West  and  South  were  deemed  indispensable  in  the  sub- 
jugation and  removal  of  several  hostile  tribes.  While 
effecting  these  desirable  objects,  he  was  occasionally  re- 
warded for  his  toils  and  sacrifices  by  gradual  promotion, 
and  in  1840  attained  the  rank  of  brigadier-general.  At 
the  commencement  of  the  troubles  with  Mexico,  in  1845 
he  was  ordered  to  occupy  a  position  on  the  American  side 
of  the  Rio  GJ-rande,  but  not  to  cross  that  river  unless  at- 
tacked by  the  Mexicans.    He  was  not,  however,  allowed 
to  remain  long  in  repose:  the  enemy,  by  attacking  Fort 
Brown,  which  he  had  built  on  the  Rio  Grande,  opposite 
Matamoras,  soon  afforded  him  an  opportunity  to  display 
his  skill  and  valor,  and  gloriously  did  he  improve  it.  The 
brilliant  battles  of  Palo  Alto  and  Resaca  de  la  Palma, 
where  he  contended  successfully  against  fearful  odds,  were 
precursors  to  a  series  of  victories  which  have  few  parallels 
in  military  annals.    The  attack  on  Matamoras,  the  storm- 
ing of  Monterey,  the  sanguinary  contest  at  Buena  Vista, 
and  the  numerous  skirmishes  in  which  he  was  engaged,  ex- 
cited universal  admiration;  and  on  his  return  home,  after 
so  signally  aiding  to  "  conquer  a  peace  "  with  Mexico,  ha 
was  every-where  received  with  the  most  gratifying  demon- 
strations of  respect  and  affection.    In  1848,  General  Taylof 
received  the  nomination  of  the  Whig  party  for  the  office 
276 


ZACHART  TAYLOR. 


277 


of  President  of  the  United  States,  and,  "being  elected,  was 
inaugurated  the  year  following.  But  the  cares  and  re- 
sponsibilities of  this  position  vsrere  greater  than  his  con- 
stitution could  endure,  hardened  as  it  had  been  both  in 
Indian  and  civilized  warfare.  After  the  lapse  of  little 
more  than  a  year  from  the  time  he  entered  upon  his  new 
career,  he  sunk  under  its  complicated  trials,  and  his  noble 
spirit  sought  refuge  in  a  more  congenial  sphere,  July  9, 
1860. 


278 


ELECTORAL  VOTBS. 


Election  Jor  the  Sixteenth  Term,  commencing  March  4, 1849,  and 
terminating  March  3,  1853. 


a 

o 

pbm't. 

V.  P 

BES'l 

IT©,  of  Electors  tt 
each  State. 

STATES. 

Zachary  Taylor,  j 
of  Louisiana. 

Lewis  Cass,  of 
Michigan. 

Millard  Fillmore,  1 
of  New  York. 

William  O.Butler, 
af  Kentucky. 

Q 

9 

.... 

9 

g 
10 

N6W  Ssimpsliiro 
M-dfS  sdpCli  us  e  1 10 

12 
4 

6 

.... 

6 

12 

Q 

0  OD.  116  c  t  i  C  U  ti 

6 

.... 

4 

•  ■•• 

6 

. ... 

6 

,,,* 

36 

New  York  •  •  •  •  • 

6 

36 

6 

7 

New  Jersey 

7 

36 

•  »»• 

26 

Peniisy  Ivflriiia  •  •  •  • 

26 

7 

•  ••• 

3 

Delaware  • 

3 

26 
3 

•  »•  • 

8 

Maryland-  •  • 

8 

•  ••• 

17 

Virginia 

'if* 

8 

'17* 

11 

North  Carolina.  • 

11 

9 

"9' 

11 

"9' 

10 

Creorgia  •  • 

10 
12 

'io 

12 

12 

13 

^Dennesseo 

13 

13 

23 

'23' 

'23* 

6 
6 

Louisiana  

6 

"e' 

**6* 

12 

12 

9 

9 

12 

9 

9 

7 

9 
7 

9 

3 

3 

7 

5 

6 

3 

3 

3 

"3* 

6 

4 

•  ••  • 

4 

4 

4 

4 

4 

4 

4 

E90 

Whole  No.  of  Electors   ] 

L63  ] 

L27  ] 

127 

L63  ] 

Zachary  Taylor  took  the  oath  of  office,  as  President,  and  entered 
upon  his  duties  March  4, 1849.  He  did  not,  however,  long  enjoy  hig 
honors — death  suddenly  closing  his  earthly  career,  July  9, 1850. 

Millard  Fillmore  took  the  oath  of  office,  as  Vice  President,  and 
entered  upon  his  duties  March  4,  1849.  Congress  being  in  session 
at  the  time  President  Taylor  died,  the  Vice  President  sent  a  mes- 
sage to  both  houses  on  the  10th  of  July,  in  which  he  feelingly  an- 
nounced the  melancholy  event.  On  the  same  day  he  took  the  requi- 
site oath,  and  entered  on  the  execution  of  the  office  of  President 

Willie  P.  Mangum,  of  N.  C.,  President  pro  tern  of  the  Senate, 
acted  as  Vice  President,ea;  q^czo.during  the  remainder  of  the  term 


MILLAED  FILLMORE, 

THE  SUCCESSOE  OF  GENEBAL  TAYLOB  AS  PBESIDENT, 

Was  born  at  Summer  Hill,  Cayuga  County,  New  York,  Jan* 
uary  7, 1800,  and  did  not  enjoy  the  advantages  of  any  other 
education  than  what  he  derived  from  the  then  inefficient 
common  schools  of  the  county.  At  an  early  age  he  was 
sent  into  the  wilds  of  Livingston  County  to  learn  a  trade, 
and  here  he  soon  attracted  the  attention  of  a  friend,  who 
placed  him  in  a  lawyer's  office — thus  opening  a  new,  and 
what  was  destined  to  be  a  most  honorable  and  distinguished 
career.  In  1827,  he  was  admitted  as  an  attorney,  and  two 
years  afterward  as  counselor  in  the  Supreme  Court.  Soon 
attracting  attention,  he  established  himself  at  Buffalo,  where 
his  talents  and  buisness  habits  secured  him  an  extended 
practice. 

His  first  entrance  into  public  life  was  in  January,  1829, 
when  he  took  his  seat  as  a  member  of  the  Assembly  from 
Erie  County.  At  this  time  he  distinguished  himself  for  his 
untiring  opposition  to  imprisonment  for  debt,  and  to  this 
are  the  people  indebted  in  a  great  degree  for  the  expung- 
ing of  this  relic  of  barbarism  from  the  statute  book.  Hav- 
ing gained  a  high  reputation  for  legislative  capacity,  in  1833, 
he  was  elected  a  member  of  the  National  House  of  Repre- 
sentatives; and  on  the  assembling  of  the  Twenty-seventh 
Congress,  to  which  he  was  reelected  by  a  larger  majority 
than  was  ever  given  to  any  person  in  his  district,  he  was 
placed  in  the  arduous  position  of  Chairman  of  the  Com- 
mittee of  Ways  and  Means.  The  measures  which  he 
brought  forward  and  sustained  with  matchless  ability, 
speedily  relieved  the  government  from  its  existing  pecuniary 
embarrassments.  In  1847,  he  was  elected  Comptroller  of 
the  State  of  New  York  by  a  larger  majority  than  had  ever 
been  given  to  any  State  officer  for  many  years.  In  1848,  he 
was  selected  as  a  candidate  for  Vice-President,  General  Tay- 
lor heading  the  ticket.  On  his  election  to  that  high  office, 
he  resigned  his  position  as  Comptroller,  and  entered  upon 
his  duties  as  President  of  the  United  States  Senate.  The 
courtesy,  ability,  and  dignity  exhibited  by  him,  while  pre- 
siding over  the  deliberations  of  that  body,  received  general 

279 


280 


MILLARD  FILLMORE. 


commendation.  Upon  the  sudden  death  of  Gen.  Taylor,  lie 
became  President,  and  promptly  selected  a  cabinet,  distin- 
guished for  its  ability,  patriotism,  and  devotion  to  the  Union, 
and  possessing,  in  an  eminent  degree,  the  confidence  of  the 
country. 

After  serving  out  the  constitutional  term,  Mr.  Fillmore 
returned  to  Buffalo,  and  again  resumed  those  pursuits  which 
had  prepared  the  way  to  the  elevated  position  from  which 
he  had  just  retired.  He  was  welcomed  home  by  troops  of 
friends,  with  whom  he  still  continues  to  enjoy  an  unabated 
popularity. 

It  should  be  borne  in  mind  by  every  aspiring  young  man, 
that  Mr.  Fillmore  is  entirely  indebted  to  his  own  exertions 
for  his  success  in  life.  From  a  very  humble  origin,  he  at- 
tained the  highest  office  in  the  world,  climbing  the  rugged 
steep  of  fame  step  by  step,  with  indefatigable  industry  and 
untiring  perseverance,  until  he  at  length  gained  the  summit, 
where  he  is  long  likely  to  enjoy  his  well-earned  position. 


FEANKLIN  PIERCE, 


THE  TWELFTH  PRESIDENT  OF  THE  UNITED  STATES, 

Was  born  at  Hillsborough,  N.  H.,  November  23,  1804,  and 
early  received  the  advantage  of  a  liberal  education.  After 
going  through  a  regular  collegiate  course  at  Bowdoin  College, 
which  he  entered  at  the  age  of  sixteen,  he  became  a  law 
student  in  the  office  of  Judge  Woodbury,  at  Portsmouth, 
whence  he  was  transferred  to  the  law  school  at  Northamp- 
ton, where  he  remained  two  years,  and  then  finished  his 
studies  with  Judge  Parker,  at  Amherst.  Although  his  rise 
at  the  bar  was  not  rapid,  by  degrees  he  attained  the  high- 
est rank  as  a  lawyer  and  advocate. 

In  1829,  he  was  elected  to  represent  his  native  town  in 
the  State  Legislature,  where  he  served  four  years,  during 
the  two  last  of  which  he  held  the  speakership,  and  dis- 
charged the  duties  of  the  office  with  universal  satisfaction. 

From  1833  to  1837,  he  represented  his  State  in  Congress, 
and  was  then  elected  to  the  United  States  Senate,  having 
barely  reached  the  requisite  age  to  qualify  him  for  a  seat 
in  that  body. 

In  183-1,  he  married  Miss  Jane  Means,  daughter  of  the 
Rev.  Dr.  Appleton,  formerly  President  of  Bowdoin  College, 
soon  after  which  he  removed  to  Concord,  where  he  still 
holds  a  residence.  He  was  reelected  at  the  expiration  of 
his  senatorial  term,  but  resigned  his  seat  the  year  following, 
for  the  purpose  of  devoting  himself  exclusively  to  his  legal 
buisness,  which  had  become  so  extensive  as  to  require  all 
his  attention. 

In  1846,  he  declined  the  office  of  Attorney-G-eneral,  ten- 
dered him  by  President  Polk  ;  but  when  the  war  with  Mex- 
ico broke  out,  he  was  active  in  raising  the  New  England 
regiments  of  volunteers  ;  and  afterward  accepted  the  com- 
mission of  Brigadier-G-eneral,  with  which  he  at  once  re- 
paired to  the  field  of  operations,  where  he  distinguished 
himself  in  several  hard-fought  battles.  At  Cerro  Gordo 
and  Chapultepec  he  displayed  an  ardor  in  his  country's 
cause  which  extorted  praise  from  his  most  inveterate  pol- 
itical opponents ;  and  on  his  return  home  he  was  every- 
24  9.81 


282  FRANKLIN  PIERCE. 


where  received  with  gratifying  evidences  that  his  services 
were  held  m  grateful  remembrance  by  the  people. 

At  the  Democratic  Convention,  held  in  Baltimore  in  1852 
after  trying  in  vain  to  concentrate  their  votes  on  a  more 
prominent  candidate,  that  body  unexpectedly  nominated 
general  Pierce  for  the  office  of  President  of  the  United 
btates,  to  which  he  was  elected  by  an  unprecedented  ma- 
jority over  his  rival,  General  Scott— receiving  254  votes 
out  of  296.  He  was  duly  inaugurated  on  the  4th  of  March, 
185d,  and  his  administration  was  more  remarkable  for  its 
futile  attempts  to  reconcile  conflicting  interests,  than  for 
the  achievement  of  any  particular  measure  of  great  public 
utility.  However,  it  will  better  become  his  future  than  his 
present  biographer  to  "speak  of  him  as  he  is:  nor  aught 
extenuate,  nor  aught  set  down  in  malice." 


ELECTORAL  VOTES. 


283 


Election  for  the  Seventeenth  Term,  commencing  March  4,  185S, 
and  terminating  March  3,  1857. 


pbes't. 

f.  FKBS'I 

No.  of  Electors  from 
each  State. 

STATES. 

1  Franklin  Pierce, 
j of  New  Hampshire. 

Winfield  Scott, 

of  New  Jersey.  1 

1  William  R.  King, 
lof  Alabama. 

Wm.  A.  Graham,  of 
North  Carolina. 

8 

 ■  ■ 

8 

•••• 

8 

•••• 

5 

. ... 

5 

•••• 

6 

13 

.... 

13 

13 
4 

4 

.... 

4 

•  •«• 

6 

g 

g 

5 

"5' 

"5 

36 

'65 

35 

7 

7 



7 

I. "I 

27 

3 

27 

3 

3 

• 

8 

8 

8 

15 
10 

15 

15 

10 

10 

8 

8 

8 

10 
12 

10 

10 

'12' 

'12* 

12 

12 

12 

23 
6 

'23 

*23* 

6 

6 

7 

7 

7 

13 

13 

13 

11 

11 

« *• 

11 
9 

9 

9 

•  •• 

9 

9 

9 

4 

4 

4 

6 

6 

6 

3 

3 

3 

4 

4 

4 

4 

4 

6 

5 

6 

4 

4 

4 

Sd6 

254 

42 

254 

42 

1 

Franklin  Pierce  took  the  oath  of  office,  as  President,  and 


entered  upon  hia  duties  March  4,  1853. 

The  oath  of  office  was  administered  to  William  R.  King  by  a 
commission  while  he  was  on  a  visit  to  Cuba  for  the  benefit  of  his 
health;  but  he  died  soon  after  his  return  home,  and  Jesse  D. 
Bright,  of  Indiana,  then  President  of  the  Senate,  acted  as  Vice 
President,  ex  officio,  during  the  remainder  of  the  term. 

John  P.  Hale,  of  N.  H.,  and  George  W.  Julian,  of  Ind.,  were 
nominated  by  the  "  Free  Democracy "  for  President  and  Vice 
President,  but  they  did  not  receive  a  single  electoral  vote. 


JAMES  BUCHANAN, 

THIRTEENTH  PRESIDENT  OF  THE  UNITED  STATES. 

^  For  the  high  position  he  so  long  maintained  in  the  po- 
litical affairs  of  this  country,  Mr.  Buchanan  is  not  alone  in- 
debted to  his  early  and  thorough  education,  but  his  entire 
devotion  to  whatever  he  undertook,  and  his  perseverance  in 
surmounting  obstacles  which  would  have  intimidated  less 
determined  minds,  had  a  large  share  in  promoting  his  ad- 
vancement. He  is  of  Irish  parentage,  and  was  born  at  Stony 
Batter,  Franklin  County,  Pennsylvania,  April  23,  1791.  At 
the  age  of  seven  years,  he  removed  with  his  father's  family 
to  Mercersburg,  and  there  received  an  education  that  fitted 
him  for  entering  Dickinson  College,  in  1805,  where  he  grad- 
uated two  years  afterward  with  the  highest  honors.  He  then 
studied  law  with  James  Hopkins,  of  Lancaster,  and  in  1812 
was  admitted  to  the  bar,  at  which  he  attained  a  high  rank 
and  commanded  an  extensive  practice.  ° 

In  1814,  he  commenced  political  life  as  a  member  of  the 
Pennsylvania  State  Legislature,  and  in  1820  was  sent  as  a 
Bepresentative  to  Congress,  where  he  remainedfor  ten  years — 
at  the  expiration  of  which  he  declined  a  re-nomination. 

In  1831,  he  was  appointed  minister  to  Russia  by  President 
Jackson,  of  whom  he  was  always  the  consistent  friend  and 
supporter,  and  he  negotiated  a  commercial  treaty  which 
proved  of  great  advantage  to  American  commerce. 

In  December,  1834,  having  been  elected  to  the  United 
States  Senate,  he  took  his  seat  in  that  body,  and  continued 
one  of  its  most  efficient  members  until  1845,  when  he  ac- 
cepted the  office  of  Secretary  of  State,  under  Mr.  Polk.  He 
held  this  responsible  place  until  the  expiration  of  Mr.  Polk's 
term  of  service,  when  he  returned  home  to  repose  awhile. 
But  he  did  not,  by  any  means,  become  an  idle  spectator  in 
passing  events  ;  his  letters  and  speeches  show  that  he  was 
no  less  vigilant  as  a  private  citizen,  than  as  a  counselor  in 
the  Cabinet,  or  a  Representative  and  Senator  in  Congress. 

On  the  accession  of  Mr.  Pierce  to  the  Presidency,  in  1853, 
Mr.  Buchanan  was  appointed  minister  to  England,  with  which 
country  questions  were  then  pending  that  required  great  pru- 
dence and  discrimination  for  their  satisfactory  adjustment. 
284  ^  V 


JAMES  BUCHANAN. 


285 


In  his  intercourse  with  the  British  diplomatists  he  was  not 
only  discreet,  but  displayed  sound  sense,  courtly  forbear- 
ance, a  just  assertion  of  our  rights,  and  the  true  dignity  of 
the  American  character.  So  entirely  unexceptionable  was 
his  whole  course  while  abroad,  that,  on  his  return  to  this 
country,  in  April,  1856— he  landed  in  New  York  on  the 
sixty-fifth  anniversary  of  his  birthday— he  was  received 
with  an  enthusiasm  seldom  accorded  to  political  men. 

In  June,  1856,  Mr.  Buchanan  was  nominated  by  the  Dem- 
ocratic Convention  at  Cincinnati,  as  a  candidate  for  the  Pres- 
idency ;  and  although  there  were  powerful  political  elements 
arrayed  against  him  in  the  succeeding  campaign,  he  was  tri- 
umphantly elected  to  that  responsible  and  honorable  office. 

His  administration  was  attended  with  unusual  difficulties — ■ 
difficulties  which  it  would  seem  he  was  not  fully  able  to  meet. 
The  troubles  in  Kansas,  arising  from  the  repeal  of  the  Mis- 
souri Compromise,  and  the  opposition  made  to  his  views 
touching  the  admission  of  Kansas  with  the  Lecompton  Con- 
stitution, by  the  Douglas  wing  of  the  Democratic  party,  were 
matters  of  sore  vexation  to  him,  and  tended  greatly  to  un- 
popularize  the  latter  part  of  his  public  life.  But  these  were 
considerations  of  small  moment  as  compared  to  the  embar- 
rassment which  the  Grovernment  suffered  in  consequence  of 
the  treacherous  intrigues  of  some  of  the  members  of  his  Cab- 
inet. His  Secretary  of  War  and  Secretary  of  the  Treasury, 
afterward  so  conspicuous  in  the  great  Rebellion,  were  par- 
ticularly instrumental  in  crippling  the  pecuniary  and  mili- 
tary resources  of  the  country,  and  turning  them  to  the 
benefit  of  the  South.  When  treason  began  to  assume  a 
threatening  attitude,  Buchanan  declared  against  the  right  of 
secession,  but  at  the  same  time  denied  the  right  of  coercion 
by  the  G-overnment.  This,  perhaps,  is  the  most  inconsist- 
ent, inexplicable  position  ever  taken  by  any  of  the  nation's 
chief  rulers.  On  the  4th  of  March,  1861,  Mr.  Buchanan 
retired  from  the  Presidency,  leaving  to  his  successor  the 
highly  perplexing  task  of  setting  to  right,  the  machinery 
of  a  government  crippled  and  weakened  in  all  its  parts,  and 
fully  ripe  for  the  most  gigantic  civil  war  known  to  history. 

It  was,  at  one  time,  presumed  by  many  that  Mr.  Buchanan 
was  not  only  encouraging  the  rebellion  by  his  weak,  inde- 


286 


JAMES  BUCHANAN. 


cisive  policy  toward  armed  traitors,  and  by  winking  at  the 
thieving  proceedings  of  some  of  his  Cabinet  officers,  but 
that  he  was  himself  leagued  with  the  leaders  of  the  seces- 
sion movement,  and  secretly  acted  in  unison  with  them. 

While  it  is  true  that  the  unhindered  appropriation  of 
millions  of  treasure  to  the  furtherance  of  rebellious  schemes, 
and  the  large  deposit  of  choice  arms  made  in  Southern  ar- 
senals, would  indicate  an  affiliation  of  the  President  with 
the  chief  rebels  of  the  South,  yet  there  has  never  been  ad- 
duced any  direct  proof  of  such  affiliation ;  and  nothing  said 
or  done  by  Mr.  Buchanan  since  his  retirement  shows  active 
sympathy  with  the  Rebellion.  "  There  is,  however,  evidence 
on  every  hand  of  weakness — an  element  of  character  he 
never  manifested  prior  to  his  executive  career — of  that 
negative  disposition  which  will,  under  circumstances  such 
as  surrounded  him  during  the  latter  part  of  his  adminis- 
tration, wholly  unfit  a  man  for  the  performance  of  his  duties. 

The  subject  of  the  present  sketch  would,  doubtless,  have 
been  a  very  good  executive  at  a  period  when  the  country 
was  undisturbed  by  sectional  agitation ;  at  a  time  when 
there  were  no  conflicting  local  interests  to  stir  up  and  em- 
bitter South  against  North.  But  the  exigencies  of  the 
period  during  which  he  sat  at  the  helm  of  state  demanded 
a  man  who  could  take  hold  with  a  strong  hand ;  a  man  of 
J acksonian  character,  who,  with  the  loftiest  political  integ- 
rity and  most  devoted  loyalty,  combined  a  Napoleonic  will ; 
a  man  who,  foreseeing  the  certain  results  of  the  pursuits  of 
a  conciliatory  course  with  rebellion,  would  have  given  it  a 
decisive  blow  in  its  very  infancy. 

But  it  seems  that  Mr.  Buchanan  proposed  to  deal  with 
secessionists  as  an  over-fond,  weak-minded  mother  deals  with 
a  spoiled  child — scolding  and  coaxing  alternately,  satisfied 
to  exhibit  her  authority  by  the  former,  and  confident  that 
she  can  reform  her  fondling  by  the  latter.  Perhaps  he  may 
be  partially  excused  by  some  in  consideration  of  the  debt 
of  gratitude  he  felt  he  owed  to  the  Southern  States,  for  the 
valuable  services  they  had  rendered  him  in  his  election. 
But  a  truly  great  executive  never  allows  his  feelings  to  in- 
terfere with  the  performance  of  duty.  The  life  of  the  na* 
tion  was  in  jeopardy ;  that  grand  superstructure,  the  Ameri- 


JAMES  BUCHANAN. 


287 


can  Government,  whose  foundation  stones  had  been  ce- 
mented by  the  sacred  blood  of  the  Revolutionary  sires, 
whose  columns  had  been  reared  by  the  wisest,  purest 
statesmen  the  world  ever  saw,  and  about  whose  lofty  dome 
the  brightest  seraphs  of  Heaven  chanted  their  sweetest 
lays — that  great  temple  around  which  clustered  the  hopes 
of  the  liberty-loving  world,  was  threatened  with  destruc- 
tion, and  there  can  hardly  be  any  excuse  for  him  who, 
having  the  power  to  save,  refused  to  adopt  such  decisive 
measures  as  were  essential  to  salvation. 

It  is  true  that  the  Southern  people  had  acted  a  very  im- 
portant part  in  the  election  of  Mr.  Buchanan,  but  it  is 
very  far  from  being  true  that  a  majority  of  these  people 
were  in  favor  of  secession.  The  great  Democratic  party 
was  not  a  party  of  traitors,  either  North  or  South.  The 
masses  of  the  people  of  the  Southern  States  were  by  no 
means  desirous  of  severing  their  connection  with  the  Grov- 
ernment  of  the  United  States,  as  was  amply  testified  in  the 
overwhelming  Union  majorities  given  in  North  Carolina, 
Tennessee,  and  other  Southern  States,  even  after  South 
Carolina  had  sloughed  off,  and  all  the  preliminary  steps 
had  been  taken  by  the  leading  secessionists  toward  the 
formation  of  a  Southern  Confederacy.  And  there  is  no 
doubt  that  had  Mr.  Buchanan  taken  hold  of  the  rebell- 
ion, while  it  was  in  the  larva,  with  that  determination  to 
crush  it  which  the  great  Jackson  exhibited  when  South 
Carolina  proposed  her  scheme  of  nullification,  it  had  never 
seen  its  winged  existence. 

Buchanan's  administration,  in  one  respect,  may  possibly 
yet  be  productive  of  good,  in  that  it  may  serve  to  impress 
the  people  with  the  importance  of  selecting  a  man  for  the 
chief  magistracy  who  loves  the  right  and  dares  to  do  it. 

He  only  survived  the  close  of  the  war  about  three  years,  as  he  died 
on  the  Ist  of  June,  1868,  in  the  77th  year  of  his  age. 


288 


ELECTORAL  VOTKS 


Ehction  for  the  EigJiteentJi   Term,  commencing  March  4,  1857 
and  terminating  March  3,  1861. 


[   No.  of  Electors  from 
1          each  State. 

STATES. 

PR 

BSIDKNT. 

vice-pbes't. 

James  Buchanan,  of 
Pennsylvania. 

John  0.  Fremont,  of 
New  York. 

Millard  Fillmore,  of  1 
New  York. 

1 

a 
« 

1  - 

-  ^ 

Wiiliiini  L.  Dayton,  1 
of  New  Jersey. 

a 

i 

1 , 

A 

t  a 
^  o 

•  ••• 
.... 

.... 

•  ••• 

8 
5 
33 
4 
6 
5 
35 
7 
27 
A 
8 
15 
10 
8 
10 
12 
12 
23 

8 
5 

13 
4 
6 
5 

35 

8 
5 

13 
4 
6 
5 

35 

"Vcriuoiit    ••••••  ••••• 

7 

27 
3 

7 
27 
3 

8 

15 
10 
8 
10 
12 
12 

15 
10 
8 
10 
12 
12 

8 

SLentucky . •«•••-••••••••••••••..•, 

23 

23 

6 
7 
3 
11 
19 
9 
4 
6 
3 
4 
4 
5 
4 

Louisiana  

6 
7 

13 
11 
9 
9 
4 

6 
7 
13 
11 
9 
9 
4 

6 

6 

3 
4 

3 
4 

4 

6 

4 

5 

4 

4 

296 

114 

8 

174 

114 

8 

James  Buchanan  took  the  oath  of  office,  as  President,  and 
entered  upon  his  duties,  March  4,  1857. 

John  C.  Breckenridge  took  the  oath  of  office,  as  Vice-Presi- 
dent, and  entered  upon  his  duties,  March  4,  1857. 

*When  the  Electosal  votes-n^ere  being  counted,  in  Joint  Ctonyention  of  the  Senatt 
and  House  of  Representatives,  objections  were  made  to  including  the  votes  of  Wis 
consin,  because  the  electors  did  not  meet  until  the  day  after  that  prescribed  by  law 
The  President  of  the  Convention  stated  that  he  merely  announced  that  James  Bu 
chanan  had  been  elected  President  of  the  United  States,  without  any  reference  tc 
the  contested  votes,  and  declined  expressing  an  opinion  on  the  subject. 


ABRAHAM  LINCOLN", 

THE  FOURTEENTH  PRESIDENT  OF  THE  UNITED  STATES, 

Was  born  in  Hardin  County,  Kentucky,  February  12t]i, 
1809.  The  record  of  bis  boyhood  and  youth,  so  far  as  we 
have  been  able  to  trace  it,  is  not  distinguished  by  any  thing 
more  remarkable  than  the  usual  experience  of  children  of 
pioneers  in  a  new  country.  In  1816,  he  removed  with  his 
parents  to  what  is  now  Spencer  County,  Indiana.  Here  he 
enjoyed  the  advantages  of  a  little  schooling — less  than  a 
year,  however,  in  all.  Whatever  else  he  afterward  learned 
from  books  was  without  the  aid  of  the  school-master — the 
result  of  his  own  energy  and  indomitable  perseverance. 

In  1832,  he  served  in  the  Black  Hawk  war,  and,  on  his 
return  from  that  service,  was  nominated  for  the  Illinois 
Legislature  from  the  county  of  Macon.  In  1834,  he  was 
elected  to  the  Legislature,  and  reelected  in  1836,  1838, 
and  1840.  While  in  the  Legislature,  he  placed  himself 
on  record  against  slavery;  and  it  is  but  just  to  say  that 
the  principles  which  actuated  him  then  are  the  moving 
principles  of  the  great  party  he  to-day  represents  as  the 
executive  of  the  nation. 

For  many  years  Mr.  Lincoln  was  a  prominent  leader  of 
the  Whig  party  in  Illinois,  and  was  on  the  electoral  ticket 
in  several  Presidential  campaigns.  In  1844,  he  canvassed 
the  entire  State  for  Henry  Clay,  of  whom  he  was  a  sincere 
and  enthusiastic  friend,  and  exerted  himself  powerfully  for 
the  favorite  of  his  partjt  In  1846,  he  was  elected  to  Con- 
gress, and  took  his  seat  on  the  first  Monday  in  December, 
1847,  the  only  Whig  Representative  from  his  State. 

In  November,  1860,  he  was  elected  President  of  the 
United  States  by  the  party  known  as  Republicans. 

On  the  11th  of  February,  1861,  he  left  his  home  in 
Springfield,  Illinois,  and  proceeded  to  Washington,  pass- 
ing en  route  the  cities  of  Toledo,  Indianapolis,  Cincinnati, 
Columbus,  Steubenville,  Pittsburgh,  Cleveland,  Bufi"alo, 
Albany,  Poughkeepsie,  New  York,  Trenton,  Philadelphia, 
Harrisburg,  and  Baltimore — at  all  of  which  places,  except 
the  last,  he  was  received  with  great  cordiality,  and  ad- 
dressed the  people.  At  Baltimore  a  plot  had  been  formed 
25  289 


290 


ABRAHAM  LINCOLN. 


to  assassinate  him ;  and,  in  this  affair,  it  seems  that  some 
of  the  most  prominent  citizens  of  that  place  were  impli- 
cated.   But  Mr.  Lincoln,  by  prompt,  shrewd  management, 
reached  Washington  uninjured,  and,  on  the  4th  of  March, 
1861,  was  duly  inaugurated,  and  proceeded  upon  the  du- 
ties of  his  office,  notwithstanding  the  threats  of  Baltimor- 
eans  that  he  never  should  be  installed.    In  his  inaugural 
address,  in  view  of  the  threatening  attitude  assumed  by 
some  of  the  Southern  States,  in  consequence  of  the  acces- 
sion of  a  Republican  administration,  after  declaring  that 
there  never  had  been  any  just  cause  for  the  apprehension 
that  such  an  administration  would  encroach  upon  the  con- 
stitutional rights  of  any  State,  he  said  that  he  had  "no 
purpose,  directly  or  indirectly,  to  iaterfere  with  the  insti- 
tution of  slavery  in  the  States  where  it  existed;  that  he, 
as  well  as  every  Member  of  Congress,  was  sworn  to  sup- 
port the  whole  Constitution,  one  of  the  provisions  of  which 
is,  that  '  no  person  held  to  service  or  labor  in  one  State, 
under  the  laws  thereof,  escaping  into  another  State,  shall, 
in  consequence  of  any  law  or  regulation  therein  be  dis- 
charged from  such  service  or  labor,  but  shall  be  delivered 
up  on  claim  of  the  party  to  whom  such  service  or  labor 
may  be  due;'  that  he  took  his  oath  to  support  the 
stitution,  without  any  mental  reservation;  that  while  he 
did  not  then  choose  to  specify  particular  acts  of  Congress 
as  proper  to  be  enforced,  he  did  suggest  that  it  would  be 
much  safer  for  all,  both  in  official  and  private  stations,  to 
conform  to  and  abide  by  all  those  acts  which  stand  unre- 
pealed than  to  violate  any  of  them,  trusting  to  find  im- 
punity in  having  them  held  to  be  unconstitutional ;  that 
he  held  that,  in  the  contemplation  of  universal  law  and 
of  the  Constitution,  the  union  of  the  States  is  perpetual ; 
that  no  State  could,  upon  its  own  mere  motion,  get  out 
0^^  the  Union ;  that  acts  of  violence  within  any  btate  _oi 
States  against  the  authority  of  the  United  States  are  in- 
surrectionary or  revolutionary,  and  that  he  should,  as  the 
Constitution  expressly  enjoined  upon  him,  take  care  that 
the  laws  of  the  Union  should  be  executed  in  all  the  States; 
that  while  he  should  perform  this  duty  perfectly,  so  tar  aa 
practicable,  unless  restrained  by  his  rightful  masters,  the 


ABRAHAM  LINCOLN. 


291 


American  people,  lie  trusted  the  declaration  so  to  do  would 
not  be  regarded  as  a  menace,  but  only  as  the  express  pur- 
pose of  the  Union  to  maintain  itself." 

The  inaugural  address,  while  considered  as  clear  and 
explicit  by  many,  was  regarded  as  very  obscure  and  un- 
satisfactory by  others  (the  people  of  the  South),  and,  on 
the  13th  of  April,  1861,  Messrs.  Preston,  Stuart,  and  Ran- 
dolph, appointed  by  the  Virginia  Convention,  were  formally 
received  by  the  President,  and  presented  resolutions  re- 
questing that,  inasmuch  as  "great  uncertainty  prevailed  in 
the  public  mind  as  to  the  policy"  to  be  pursued  by  the 
Federal  Executive,  he  should  communicate  to  the  Conven- 
tion the  course  he  intended  to  take  in  regard  to  the  "  Con- 
federate States." 

To  this  request  the  President  replied  that,  while  he  was 
sorry  that  dangerous  uncertainty  should  exist  respecting 
his  mode  of  procedure  with  the  seceded  States,  he  could 
give  no  clearer  exposition  of  his  policy  than  was  given  in 
his  inaugural  address,  a  careful  consideration  of  which  he 
recommended  to  the  Virginia  Convention. 

Two  days  after  this.  Fort  Sumter  having  been  reduced 
by  the  Confederate  Government,  and  other  demonstrations 
of  a  revolutionary  character  having  been  made,  the  Pres- 
ident issued  a  proclamation  calling  for  75,000  volunteers, 
for  three  months,  to  suppress  the  rebellion,  and  summoned 
Congress  to  assemble  in  extraordinary  session.  The  call 
was  heartily  responded  to,  and,  in  a  few  days,  a  vastly 
greater  number  than  had  been  requested  offered  themselves 
to  their  country.  Meantime  Washington  was  placed  in  a 
state  of  defense.  Shortly  after  the  commencement  of  hos- 
tilities, a  blockade  of  all  the  Southern  ports  was  declared. 
This  was  directly  followed  by  a  blockade  of  Virginia  and 
North  Carolina.  On  the  3d  of  May,  1861,  the  President 
issued  a  call  for  42,034  additional  volunteers  for  the  term 
of  three  years.  Congress  having  assembled,  he  addressed 
a  message  to  that  body,  asking  that  at  least  400,000  men 
and  $400,000,000  be  placed  at  his  control,  that  the  work 
of  crushing  the  rebellion  might  be  expedited.  Congress 
readily  complied,  granting  more  men  and  money  than  had 
been  askea. 


292 


ABRAHAM  LINCOLN. 


On  tlie  16tli  of  August,  1861,  the  President  issued  a 
proclamation  prohibiting  all  commercial  intercourse  be- 
tween the  loyal  and  seceded  States.  In  the  latter  part  of 
August,  he  modified  a  proclamation  issued  by  General  Fre- 
mont, which  declared  martial  law  in  the  State  of  Missouri, 
ordering  the  confiscation  of  the  property  of  disloyal  per- 
sons, and  declaring  their  slaves  free.  The  two  latter  of 
these  measures  Mr.  Lincoln  declared  void.  For  this  act 
he  was  blamed  by  many  of  his  own  party  at  the  time. 

Passing  some  other  acts  of  less  importance,  we  next  no- 
tice the  message  addressed  to  Congress  on  the  6th  of  March, 
1862,  by  the  President,  recommending  that  the  Govern- 
ment cooperate  with  any  State  desiring  a  gradual  emanci- 
pation of  the  slaves,  by  affording  it  such  pecuniary  aid  as 
would  enable  it  to  "  compensate  for  the  inconveniences, 
public  and  private,  produced  by  such  change  of  system." 
This  message  was  hailed  by  the  radical  antislavery  party 
of  the  country  as  the  initiatory  step  toward  a  final  and 
total  abolition  of  slavery  ;  by  conservative  Union  men,  with 
indifi"erence ;  and  by  the  secessionists  as  a  hostile  encroach- 
ment upon  State  rights. 

On  the  11th  of  March,  1862,  Mr.  Lincoln  assumed  com- 
mand of  the  Army  and  Navy  of  the  United  States,  order- 
ing a  general  movement  of  both,  and  confining  General 
McClellan  to  the  command  of  the  Department  of  the  Po- 
tomac. 

April  16th,  1862,  he  approved  and  signed  an  act  of 
Congress,  abolishing  the  institution  of  slavery  in  the  Dis- 
trict of  Columbia,  which  act  "  recognized  and  practically 
applied"  the  principles  of  compensation  and  colonization. 

During  the  month  of  May,  the  President  issued  two 
proclamations,  the  one  declaring  the  ports  of  Port  Royal, 
Beaulort,  and  New  Orleans  open  for  trade,  the  other  re- 
pudiating an  order  issued  by  General  Hunter,  emancipat- 
ing all  the  slaves  in  Georgia,  Florida,  and  South  Carolina. 
This  act  also  produced  some  dissatisfaction.  During  the 
years  1862-1863,  Mr.  Lincoln  was  actively  employed  in 
calling  out  and  furnishing  troops,  and  making  important 
changes  in  the  organization  of  the  army.  It  was  also  dur- 
ing this  period  that  he  issued  his  general  emancipation 


ABRAHAM  LINCOLN.  293 

proclamations — tte  first  on  the  22d  day  of  September,  1862, 
declaring  that  all  slaves  held  in  any  State,  or  part  of  a 
State  found  in  actual  rebellion  against  the  authority  of  the 
United  States  on  the  1st  day  of  January,  1863,  should 
then  and  forever  thereafter  be  free  ;  the  second,  on  the  1st 
of  January,  1863,  declaring  that,  in  accordance  with  the 
first  proclamation,  slavery  is  abolished  in  all  the  States  and 
counties  then  in  armed  rebellion  against  the  Government, 

These  measures,  while  they  greatly  unpopularized  the 
President  with  certain  parties  in  the  Northern  and  South- 
ern border  States,  were  regarded  as  the  exponents  of  the 
true  policy  by  the  radicals.  His  suspension  of  the  writ  of 
habeas  corpus,  in  certain  cases,  September  15th,  1863,  also 
produced  considerable  stir  in  political  circles. 

At  the  Republican  Convention  which  met  at  Baltimore, 
in  January,  1864,  Mr.  Lincoln  was  re-nominated  for  the 
Presidency  of  the  United  States — was  elected  November 
8th,  and  duly  inaugurated  March  4th,  1865. 

The  following  note  of  his  inaugural  address  is  from  an 
English  journal.    It  speaks  for  itself: 

"  On  the  4th  instant,  the  day  of  inaugurating  his  sec--^ 
ond  term,  President  Lincoln  read  a  short  State  paper, 
which  for  political  weight,  moral  dignity,  and  unaffected 
solemnity  has  had  no  equal  in  our  time.  His  presidency 
began,  he  says,  with  the  efforts  of  both  parties  to  avoid 
war.  'To  strengthen,  perpetuate,  and  extend  the  slave 
interest  was  the  object  for  which  the  insurgents  would 
rend  the  Union  by  war,  while  the  Grovernment  claimed  the 
right  to  do  no  more  than  restrict  the  territorial  enlarge- 
ment of  it.'  Both  parties  'read  the  same  Bible  and  pray 
to  the  same  God.'       *  >}c  ^i^  * 

"The  prayer  of  both  can  not  be  answered,  that  of  neither 
has  been  answered  fully,  for  the  Almighty  has  his  own  pur- 
poses. Mr.  Lincoln  goes  on  to  confess  for  the  North  its 
partnership  in  the  original  guilt  of  slavery :  '  Woe  unto 
the  world  because  of  its  offenses,  for  it  must  needs  be  that 
offenses  come  ;  but  woe  unto  that  man  by  whom  the  offenses 
cometh !  If  we  shall  suppose  American  slavery  one  of  the 
offenses  which  in  the  providence  of  God  must  needs  come, 
but  which,  having  continued  through  His  appointed  time, 


294 


ABRAHAM  LINCOLN. 


He  now  wills  to  remove,  and  that  He  gives  to  both  North 
and  South  this  terrible  war,  as  was  due  to  those  by  whom 
the  offense  came,  we  will  not  discern  that  there  is  any  de- 
parture from  those  divine  attributes  which  believers  in  the 
living  God  always  ascribe  to  Him.  Fondly  do  we  hope, 
fervently  do  we  pray,  that  this  mighty  scourge  of  war  may 
speedily  pass  away.  Yet,  if  it  be  God's  will  that  it  con- 
tinue till  the  wealth  piled  by  bondsmen  by  two  hundred 
and  fifty  years'  unrequited  toil  shall  be  sunk,  and  till  every 
drop  of  blood  drawn  with  the  lash  shall  be  repaid  by  an- 
other drawn  with  the  sword,  as  was  said  three  thousand 
years  ago,  so  still  it  must  be  said  that  the  judgments  of  the 
Lord  are  true  and  righteous  altogether.  With  malice  to- 
ward none,  with  charity  for  all,  with  firmness  in  the  right, 
as  God  gives  us  to  see  the  light,  let  us  strive  on  to  finish 
the  work  we  are  in,  to  bind  up  the  nation's  wounds,  to  care 
for  those  who  have  borne  the  battle,  and  for  their  widows 
and  orphans.  And  with  all  this  let  us  strive  after  a  just 
and  lasting  peace  among  ourselves  and  with  all  nations.* 
No  statesman  ever  uttered  words  stamped  at  once  with  the 
p  seal  of  so  deep  a  wisdom  aud  so  true  a  simplicity.  The 
'village  attorney,'  of  whom  Sir  G.  C.  Lewis  and  many 
other  wise  men  wrote  with  so  much  scorn,  in  1861,  seems 
destined  to  be  one  of  those  'foolish  things  of  the  world' 
which  are  destined  to  confound  the  wise,  one  of  those  weak 
things  which  shall  'confound  the  things  that  are  mighty.'" 
The  rebel  General  Lee  had  surrendered.  The  war  was 
apparently  at  an  end.  Abraham  Lincoln,  the  honored  and 
the  great,  looked  forward  to  a  speedy  restoration  of  the 
Union.  But  while  the  storm  lulled,  the  assassin  did  his 
work.  J.  Wilkes  Booth  shot  Abraham  Lincoln  on  the 
night  of  the  13th,  and  he  died  April  14th,  1865,  honored 
and  lamented  by  every  true  American.  The  world  never 
before  beheld  such  universal  sorrow.  A  nation  not  merely 
mourned  but  was  clad  in  the  deepest  mourning. 


ELECTORAL  VOTES, 


295 


Election  for  the  Nineteenth  Term,  commencing  March  4,  1861, 

and  terminating  March  3,  1865. 


PEESIDBNT.  . 

VICE  PaKgrD"ENT. 

No.  of  Electors  from 
0          each  State. 

STATES. 

Abraham  Lincoln, 
*  of  Illinois. 

:   Jno.  C.  Breckenndge 
:    of  Kentucky. 

:   John  Bell,  of 
:  Tennessee. 

:   Stephen  A.  DouglaB, 
:   of  Illinois. 

IHannilial  Hamlin, 
«>lof  Maine. 

;   Joseph  Lane,  o' 
:  Texas. 

:   Edward  Everett,  of 
:  MassachusettB, 

o 
a 

o 
|-» 

«• 

*B 
£o 

o 
6 
13 
4 

5 
13 
4 

5 
13 

4 

6 

6 
5 

6 

c 
O 

6 
36 

35 
4 

35 

3 

3 

7 
27 

27 

27 

•  ••• 

3 

3 

3 

8 

8 

8 
15 
10 

8 
10 
12 
12 
23 

15 

15 

..• 

10 

10 

8 
10 

8 
10 

Kentucky  

12 
12 

12 
12 

•  ••• 

23 

23 

6 

6 

6 

Mississippi  

7 

7 

7 
13 
11 
19 

is' 

13 

11 

11 

9 

9 

9 

9 

9 

4 

4 

4 

Michigan  

Florida  

6 

"e* 

6 

3 

3 

3 

4 

4 

4 
4 

6 
4 
4 
3 

4 

4 

5 

5 

1  4 

4 

1  * 

4 

3 

3 

S15 

iso 

72 

39 

12 

180 

72 

39 

12 

Abraham  Lincoln  took  the  oath  of  oflBce  as  President,  and 
entered  upon  his  duties,  March  4th,  1861.  Hannibal  Hamlin 
took  the  oath  of  oflBce  as  Vice-President,  and  attended  in  the 
Senate  as  its  President,  on  the  4th  of  March,  1861.  The  acces- 
sion of  Mr.  Lincoln  to  the  Presidency  was  mado  the  pretext  for 
the  great  rebellion  of  1861. 


296 


ELECTORAL  VOTES. 


Election  for  the  Twentieth    Term^  commencing  March  4, 
1865,  and  terminating  March  3,  1869. 


1 

1 

o  . 

9  o 

^3 

o  c 

R  a* 

STATES. 

PKESIDENT. 

V.  PREglDKKT 

Abraham  Lincoln, 
of  lUinoi*. 

Geo.  B.  McOlellan, 
of  Ohio. 

Andrew  Johnson, 
of  TonnesHoe. 

a 

o 
_2 
■3 

3 
a 
0, 

".a 

7 
5 

12 
4 
6 
5 

33 
7 

26 
3 
7 

15 
5 
8 

10 

10 

11 

12 
21 
6 
7 
13 
15 
19 
11 
4 
8 
3 
4 
8 
8 
5 
4 
3 
3 
3 

331 

AT  • 

7 
5 

12 
4 
G 
5 

33 

7 

5 
12 
4 
6 
5 
33 

Vnw  Ynrb         .  .  

New  jGFSGy »••*••••••••••••  ••«•  •••••••• 

7 

7 

26 

26 

3 

3 

7 

7 

6 

6 

11 

11 

Ohio    

21 

21 

LouisifiiiEi  •■••••«•••••••     «•••  «••• 

i 

13 
15 

Alftljtiiii& 

11 

11 

8 

8 

8 
8 
5 
4 

3 
3 
3 

8 
8 
5 
4 

3 

3 

212 

21 

213 

21 

Virginia,  South  Carolina,  North  Carolina,  Georgia,  Tennessee,  Louisiana,  Mis- 
tissippi,  Alabama,  Arkansas,  Florida  and  Texas,  being  in  rebellion,  did  not  vote 
for  President  and  Vice  President. 

Whole  number  of  Electoral  Totea  cast  were  233 — for  Lincoln  and  Johnson,  212  ; 
for  McClellan  and  Pendleton,  21.  Lincoln  and  Johnson's  majority  191,  the  great- 
est majority  attained  since  the  organization  of  the  GoTernment. 

Abraham  Lincoln  took  the  oath  of  oflace  as  President  and  entered  upon  his  do- 
ties  March  4,  1865. 

Anarew  Johnson  took  the  oath  of  office  as  Vice  President,  and  attended  in' the 
Senate  as  its  President  March  4, 1865. 


ANDREW  JOHNSON 

•  Was  born  at  Raleigh,  North  Carolina,  December  29 th^ 
1808,  and  is  now  in  his  sixtieth  year.  He  lost  his  father 
when  only  four  years  old.  At  the  age  of  ten  he  was  ap- 
prenticed to  a  tailor  in  Raleigh,,  and  served  with  him  an 
apprenticeship  of  seven  years.  His  mother  was  poor,  and 
had  been  unable  to  give  him  any  educational  advantages ; 
but  young  Andy,  whose  unconquerable  spirit  was  not  to 
be  restrained  by  any  disadvantages,  became  stimulated  with 
a  desire  for  knowledge.  He  acquired  the  alphabet  with  no 
other  instructions  than  those  obtained  from  the  journey- 
men with  whom  he  worked.  He  learned  to  read  from  an 
old  volume  of  speeches,  loaned  him  by  a  friend,  and  thence- 
forward, after  ten  hours'  work  with  his  goose,  needle,  and 
scissors,  applied  himself  with  vigor  to  study  for  three  or 
four  hours  each  evening.  In  1824,  having  completed  his 
apprenticeship,  he  went  to  Laurens  Court-house,  South 
Carolina,  where  he  worked  as  journeyman  for  two  yeard. 
In  1826,  he  set  out  for  the  West,  taking  his  mother,  whom 
already,  at  his  early  age,  and  with  his  scanty  wages,  he 
was  supporting.  He  made  his  home  at  Grreenville,  Ten- 
nessee, where  he  remained,  and  commenced  business,  and 
where  he  became  a  thriving  and  popular  man.  With  the 
indefatigable  thirst  for  knowledge  which  had  characterized 
his  early  career,  he  still  pursued  his  studies,  and,  in  the 
evenings  which  followed  a  day  of  labor,  with  his  wife  as 
instructress,  pushed  on  in  the  road  to  knowledge. 

He  entered  early  into  political  life,  being  elected  to  the 
first  office  he  ever  held — that  of  Alderman  of  the  village 
of  Grreenville — in  1828.  He  was  reelected  to  the  same 
office  in  1829.  In  1830,  he  was  elected  Mayor,  and  re- 
tained that  position  for  three  years.  In  1835,  he  was  sent 
to  the  Legislature,  where  he  chiefly  distinguished  himself 
by  taking  strong  grounds  against  a  scheme  of  internal  im- 
provements, which,  he  argued,  was  extravagant  and  useless. 
The  measure  was  popular,  however,  and  he  was  defeated 
in  1837.  In  1838,  he  was  a  candidate  again,  and  was  this 
time  successful.  In  1840,  he  served  as  Presidential  elector 
for  the  State  at  large  on  the  Democratic  ticket,  and  during 

297 


298 


ANDREW  JOHNSON. 


the  campaign  rendered  efficient  service  to  the  party  as  a 
stump  speaker.  In  1841,  he  was  elected  to  the  State  Sen- 
ate, and,  in  1843,  at  the  age  of  thirty-five,  he  was  elected  to 
Congress,  where  he  held  his  seat,  being  four  times  reelected, 
until  1853.  During  this  time  he  was  thoroughly  identified 
with  the  old  Democratic  party,  and  supported  ail  the  party 
measures.  In  1853,  he  was  elected  Governor,  after  a  very 
exciting  contest,  over  Gustavus  A.  Henry.  He  was  reelected 
iu  1855,  over  Meredith  P.  Gentry,  the  Whig  candidate.  At 
the  expiration  of  his  Gubernatorial  term,  in  1857,  he  was 
chosen  United  States  Senator  by  a  Democratic  majority  in 
the  Legislature  of  Tennessee.  In  that  body  he  commanded 
the  respect  of  all  his  compeers,  as  an  able,  eloquent,  and 
patriotic  statesman.  At  the  breaking  out  of  the  rebellion, 
Senator  Andrew  Johnson  still  proclaimed  his  allegiance  to 
the  United  States,  and  continued  to  hold  his  seat  in  the 
Senate,  though  his  course  subjected  him  to  much  unpopu- 
larity, and  even  danger. 

When,  in  the  spring  of  1862,  our  army  had  penetrated 
Tennessee  to  Nashville,  and  the  northern  and  central  por- 
tions of  the  States  were  wrested  from  rebel  control,  the 
Pi-esident  desired  the  services  of  a  wise  and  sagacious  man, 
of  unquestionable  loyalty,  to  act  as  Military  Governor  of 
that  State  ;  and  he  did  not  have  long  to  look — Andrew 
Johnson  was  at  once  recognized  as  the  man  for  the  place, 
and,  being  commissioned  a  Brigadier-General,  he  repaired 
to  Nashville,  where  he  for  two  years  discharged  the  deli- 
cate and  responsible  duty  of  his  charge  with  a  degree  of 
wisdom  and  efficiency  which  challenged  general  admira- 
tion. Under  his  administration,  the  rebellion  had  steadily 
been  losing  its  hold  in  Tennessee,  and  loyalty  was  as  con- 
istantly  cultivated  and  developed. 

He  was  nominated  for  the  Vice-Presidency  by  the  Union 
Convention  at  Baltimore,  June  8th,  1864,  and  was  elected 
November  8,  1864,  and  was  sworn  into  office  March  4th, 
1865. 

President  Lincoln  died  April  15.  Andrew  Johnson  was 
sworn  into  office  as  President  of  the  United  States,  on  the 
same  day,  by  Chief  Justice  Chase. 

Soon  after  entering  upon  the  duties  of  his  office,  he  ve- 


ANDREW  JOHNSON. 


299 


toed  the  Civil  Rights  Bill,  the  Constitutional  Amendment, 
the  Military  Government  Bill,  and  all  the  important  bills 
passed  by  Congress;  also  suspended  Edwin  M.  Stanton, 
Secretary  of  War,  from  office,  during  the  recess  of  Con- 
gress;  on  the  assembling  of  which,  he  sent  them  his 
reasons  for  so  doing.  Upon  considering  which,  they  re- 
instated Secretary  Stanton.  Whereupon  the  President  is- 
sued an  order  removing  him,  and  ordering  Major-General 
Thomas,  Adjutant-General  of  the  army,  to  act  as  Secretary 
ad  interim — the  same  being  done  without  the  consent  or 
advice  of  the  Senate — for  which  and  many  other  acts  com- 
mitted by  him,  and  by  Congress  deemed  unconstitutional, 
the  House  did,  on  the  25th  of  February,  1868,  impeach 
Andrew  Johnson  of  high  crimes  and  misdemeanors ;  and 
he  was  accordingly  tried  for  the  same,  by  the  Senate — the 
result  of  which  trial  will  be  found  in  the  Impeaehmeat 
Act,  on  another  page. 


300 


LIEUTENANT-GENERAL  ULYSSES  S.  QBANT. 


LIEUTENANT-GENERAL  ULYSSES  S.  GRANT, 

Was  born  at  Mount  Pleasant,  Clermont  county,  Ohio.  It  seems 
that  the  only  marked  traits  of  character  he  -exhibited  in  early 
Doyhood  were  energy,  industry,  will.  His  educational  advan- 
tages, at  this  period,  were  those  of  the  common,  country  school 
— no  more. 

In  the  year  1839,  at  the  age  of  seventeen,  he  entered  the 
United  States  Military  Academy  at  West  Point,  from  which  he 
graduated  on  the  30th  day  of  January,  1843.  During  his  stay 
t  this  Institution  he  manifested  that  untiring  industry,  close 
application  and  unconquerable  will  which  distinguished  his 
boyhood,  and  which  have  constituted  so  conspicuous  an  element 
of  his  military  character.  It  appears,  however,  that  he  was 
never  regarded  as  a  genius;  and  the  grade  he  sustained  on  the 
day  of  graduation — that  of  21  in  a  class  of  about  42 — would 
not  indicate  extraordinary  advancement  in  the  studies  assigned 
him.  But  it  was  remarked  by  those  who  conducted  him  through 
his  Academic  course,  as  it  has  been  by  those  who  have  observed 
his  military  career,  that  he  never  lost  an  inch  of  the  ground 
gained  at  each  successive  step  in  his  progress.  At  his  gradua- 
tion it  is  said  he  possessed  a  "practical  knowledge  of  the  use 
of  the  rifled  musket,  the  field  piece,  mortar,  siege,  and  sea-coast 
guns,  small  sword  and  bayonet,  as  well  as  the  construction  ot 
field  works,  and  the  fabrication  of  all  munitions  and  materiel 
of  war." 

At  the  close  of  his  Academic  course,  he  entered  the  United 
States  regular  army  as  a  Brevet  Second- Lieutenant  of  infantry. 
At  this  time,  the  United  States  being  at  peace  with  all  nations, 
Grant  was  attached  as  a  Supernumerary  Lieutenant  to  the 
fourth  infantry,  then  stationed  on  the  frontier  in  Missouri  and 
Missouri  Territory,  and  engaged  in  keeping  down  the  Indian 
tribes  that  at  that  time  were  very  troublesome  to  the  early  set- 
tlers of  that  region.  Here  Grant  had  not  been  many  months 
when  he  was  ordered,  with  his  regiment,  to  join  the  army  of 
General  Taylor,  in  Texas.  Soon  after  this.  Corpus  Christi,  an 
important  port  on  the  Texan  shore,  was  taken  possession  of  by 
the  American  army  as  a  base  of  operations  against  the  Mexi- 
cans, between  whom  and  the  United  States  disputes  respecting 
certain  imaginary  boundary  lines  were  fast  ripening  into  a  war ; 
and  it  was  here  that  Grant  received  his  commission  as  full 
Second  Lieutenant  of  Infantry.  This  commission  dated  from 
the  30th  day  of  September,  1845.  On  the  8th  day  of  May, 
1846,  he  participated  in  the  battle  of  Palo  Alto,  ani  although 
not  noticed  in  the  official  reports,  was  spoken  of  by  i.-is  com- 
rades as  having  displayed  great  gallantry.  He  was  likewise 
engaged  in  the  subsequent  brilliant  operations  of  General  Tay- 
lor along  the  banks  of  the  Kio  Grande.    On  the  23d  of  Septem- 


LIEUTENANT-GENERAL   ULYSSES  S.   GRANT.  301 


ber,  1846,  he  took  part,  with  great  credit  to  himself,  in  the 
splendid  affair  at  Monterey.  It  is  a  noteworthy  fact  that,  al- 
though Grant's  conduct  in  every  one  of  these  engagements  was 
highly  meritorious,  he  remained  in  the  back  ground,  claiming 
no  honors  or  promotions,  but  quietly  biding  his  time. 

After  the  formal  declaration  of  war  by  the  United  States, 
against  Mexico,  he  was  transferred  to  the  command  of  Genera] 
Scott,  and  subsequently  (March  29,  1847,)  participated  in  the 
siege  of  Vera  Cruz.  Immediately  after  this  affair,  he  was  ap- 
pointed the  Quartermaster  of  his  regiment,  which  office  he  re- 
tained throughout  the  Mexican  campaign.  He  was,  ^  however, 
honored  with  the  appointment,  on  the  field,  of  First  Lieutenant, 
to  date  from  the  8th  of  September,  1847,  for  gallant  and  distin- 
guished voluntary  services  rendered  on  that  day  in  the  famous 
battle  of  Molino  del  Kay.  Congress  afterwards  wished  to  con- 
firm the  appointment  as  a  mere  brevet,  but  Grant  refused  to 
accept  it  under  such  circumstances. 

On  the  13th  of  September,  1847,  he  was  made  Brevet  Captain 
of  the  regular  army  for  gallant  conduct  in  the  battle  of  Che- 
pultepec,  which  battle  occurred  on  the  preceding  day.  On  the 
l6th  of  November,  1847,  he  was  commissioned  a  First  Lieuten- 
ant in  the  fourth  regiment  of  regular  infantry,  still  retaining 
his  brevet  rank  of  Captain. 

At  the  close  of  the  Mexican  war.  Grant,  upon  the  distribution 
of  his  regiment  in  companies  and  sections  among  the  various 
Vorthern  frontier  defences,  along  the  borders  of  the  Sta^tes  of 
Michigan  and  New  York,  took  command  of  his  company  in  one 
of  these  defences.  His  regiment  having  been  afterwards  con- 
solidated and  ordered  to  the  Department  of  the  Pacific,  Grant, 
with  his  own  and  some  other  companies,  was  sent  into  Oregon 
to  Fort  Dallas.  He  received  his  full  promotion  to  Captain  of 
infantry,  in  August,  1853,  and  was,  shortly  afterwards,  attached 
to  the  Department  of  the  West;  but,  not  regarding  military  so 
favorable  to  progress  as  civil  life,  he  resigned  his  connection 
with  the  United  States  army  on  the  31st  day  of  July,  1854,  after 
which  he  resided  near  the  city  of  St.  Louis,  Missouri,  until  the 
year  1859.  Here  he  resided  on  a  small  farm,  occupying  him- 
self in  winter  by  hauling  wood  to  the  Carondelet  market,  and 
during  the  summer  in  the  collection  of  debts,  for  which  latter 
business,  it  is  said,  he  had  little  capacity. 

In  the  year  1859,  he  embarked  in  the  leather  trade  with  his 
father,  the  firm  opening  business  in  the  city  of  Galena,  Illinois- 
Grant  continued  in  the  leather  business,  driving  a  prosperous 
trade,  up  to  the  breaking  out  of  the  Rebellion  in  1861,  when  he 
offered  his  services  to  his  country,  upon  the  first  call  for  volun- 
teers, and  was  appointed  by  Governor  Yates  as  Commander-in 
Chief  of  the  Ulinoia  forces  and  mustering  officer  of  Illinois 


LIE CJTEN ANT-GENERAL  ULYSSES  S.  GRANT.. 


volunteers.  Desiring  active  service  in  the  field,  he  resigned  his 
appointment  as.  mustering  officer,  and  accepted  the  Colonelcy  of 
the  21st  regiment  of  Illinois  volunteers,  with  a  commission 
dating  from  June  15,  1861.  In  August,  1861,  Colonel  Grant 
was  promoted  to  the  rank  of  Brigadier  General  of  volunteers, 
his  commission  dating  from  May  17,  1861. 

Shortly  after  this  he  was  appointed  commandant  of  the  post 
at  Cairo — which  post  included  the  Missouri  shore  of  the  Missis- 
sippi river,  from  Cape  Girardeau  to  New  Madrid,  and  the  oppo- 
site shore,  to  the  point  of  land  on  which  Cairo  stands.  This 
position  Grant  filled  with  great  ability,  checkmating,  by  his 
adroit  maneuvering,  the  efi"orts  of  the  rebels  to  occupy,  perma 
nently,  southern  Kentucky,  and  conducting  those  successful 
expeditions  against  Forts  Henry  and  Donelson,  which  opened 
the  way  to  the  occupation  of  Western  Tennessee. 

On  the  16th  of  February,  1862,  the  day  after  the  surrender  of 
Fort  Donelson,  he  was  appointed  Major  General  of  volunteers, 
and  was  placed  in  command  of  an  expedition  up  the  Tennessee 
river  against  the  rebels  in  and  about  Corinth,  under  comman 
of  Johnston  and  Beauregard.  This  expedition  terminated  in 
the  great  battle  of  Shiloh  or  Pittsburg  Landing — which  battle; 
occupying  two  days,  (April  6th  and  7th,  1862,)  was  one  of  the 
bloodiest  of  the  war,  and  resulted  in  the  defeat  of  the  rebels 
and  their  retreat  upon  Corinth. 

For  the  immense  slaughter  which  attended  this  battle.  Gen- 
eral Grant  was  very  severely  censured  by  the  people,  generally, 
throughout  the  Western  States, 

Soon  after  this,  General  Halleck  having  assumed  command  o-f 
the  army  before  Corinth,  and  that  place  having  fallen  into  the 
hands  of  the  United  States  forces  by  evacuation,  an  important 
change  took  place  in  the  army,  which  resulted  in  the  assignment 
of  General  Grant  to  the  District  of  West  Tennessee,  and  the 
promotion  of  General  Halleck  to  the  office  of  General-in-Chief. 
The  former  soon  after  formed  the  plan  of  opening  the  Missis- 
sippi river  to  its  mouth.  Memphis  having  been  given  up  to  our 
troops,  the  chief  obstacle  in  the  way  of  the  prosecution  of  the 
design  were  Vicksburg  and  Port  Hudson. 

After  a  series  of  expeditions  and  battles,  land  and  naval,  in 
which  the  courage  and  fortitude  of  the  Union  troops  were  no 
less  prominently  exhibited  than  the  superior  engineering  pow- 
ers and  unyielding  stubbornness  of  General  Grant,  Vicksburg 
was  reduced  by  siege,  and  was  occupied  by  Grant  on  the  4th  of 
July,  1863;  and  directly  after  this  (July  8,  1863)  followed  the 
surrender  of  Port  Hudson  to  General  N.  P.  Banks. 

On  the  16th  of  October,  1863,  the  Departments  of  the  Ohio, 
of  the  Cumberland,  and  of  the  Tennessee  were  formed  into  the 
Military  Division  of  the  MisaisaixuDi,  under  the  command  of 


LIEUTENANT-GENERAL  ULYSSES  S.  GRANT. 


303 


General  Grant.  The  General,  however,  was  not  long  in  this  position 
until,  the  grade  of  Lieutenant-General  having  been  revived,  he  was 
promoted  to  that  office— which  office  gave  him  control  of  the  entire 
forces  of  the  United  States.  This  appointment  was  made  in  February, 
1864,  and  was  immediately  followed  by  the  most  active,  thorough 
preparations  for  a  movement  upon  Richmond  by  the  Army  of  the 
Potomac  under  the  personal  command  of  General  Grant,  and  an  expedi- 
tion against  Atlanta  under  command  of  General  Sherman.  After  the 
battles  of  the  Wilderness,  Spottsylvania  Court  House  and  the  siege  of 
Petersburg,  Lee's  retreat  was  cut  oflF  by  the  rapid  movements  which 
Grant  instituted,  and  on  the  9th  of  April,  just  one  week  after  the  last 
great  battle,  the  army  of  Northern  Virginia  capitulated.  Soon  after 
the  rebel  General  Johnston  surrendered  to  General  Sherman,  on  the 
game  terms  granted  by  Grant  to  Lee,  and  the  great  civil  war  was 
ended.  Grant  was  appointed  Secretary  of  War  ad  interim,  August 
12th,  1867,  and  filled  the  office  with  distinction  until  January  14,  1868, 
at  which  time  Secretary  Stanton  was  reinstated  by  Congress.  On  the 
21st  of  May,  1868,  he  was  unanimously  nominated  for  the  PresidentiaJ 
chair  by  the  EepubUcan  Convention,  which  met  at  Chicago. 


ELECTORAL  V0TK8. 


Election  for  the  Twenty-first  Term^  commencing  March  4,  1869, 
and  terminating  March  3,  1873. 


from  j 

i 

m 

O 

%.  ^ 
S>  e 

S  * 

.  s( 

O  a- 

z; 

7 

STATES. 

"Maiiu  ~~  

Ulysses  S.  Gram 
'      of  Illinois. 

Horatio  Seymou 
of  Now  York. 

Schuyler  Colfax, 
'      of  Indiana. 

Francis  P.  Blai 
of  Miseouri. 

5 
12 

Massachusetts   

I 
5 
12 
4 

7 
5 
12 
4 

4 

T?  ll  l-V/l  /I       T  l;.  1  ,1 

6 

6 
5 

G 
5 

5 

33 

New  York  

33 
7 

33 

7 

26 

Pennsylvania   

2G 

2G 

7 

3 

3 

7 

7 

3 

15 

7 

5 
6 

5 

6 

9 

6 
9 

6 
9 

9 
11 
10 

Kentucky  

9 

9 

10 
21 

11 

10 
21 

11 

21 

6 

Louisiana  

G 

6 

7 

13 
15 
9 
11 

Mississippi  

13 

13 

15 
9 

11 
5 

15 
9 

11 
5 

5 

A  rkansas . 

8 

8 

8 

3 

3 

3 

8 
8 

8 

8 

6 
4 

California  

8 
5 
4 

8 
6 
4 

3 
3 

Oregon  

3 

3 

3 

3 

3 

3 

3 

310 
159 

Whole  number  of  Electors. 
Necessary  to  a  choice. 

211 

79 

211 

79 

Virginia,  Mississippi  and  Texas,  did  not  vote,  not  having  con- 
formed to  the  reconstruction  acts  of  Congress. 


ELECTORAL  VOTES. 


305 


Election  for  the  Twenty-second  Term,  commencing  March  4,  1873^ 
and  terminating  March  3,  1877. 


Alabama  

Arkansas  

California  

Connecticut  

Delaware  

Florida  

Georgia  t  

Illinois  

Indiana  

Iowa  

Kansas  

Kentucky  ,  

Louisiana  t  

Maine  

Maryland  

Massachusetts  

Michigan  

Minnesota  

Mississsippi  ... 

Missouri  

Nebraska  

Nevada  

New  Hampshire. 

New  Jersey  , 

New  York.....  

North  Carolina... 

Ohio  

Oregon  

Pennsylvania  

Rhode  Island  

South  Carolina... 

Tennessee  

Texas  

Vermont  

Virginia  

West  Virginia  

Wisconsin  


P 


10 


*  Owing  to  the  death  of  Horace  Greeley,  the  vote  of  no  Electoral 
College  was  given  for  him.  The  Democratic  Electoral  vote  was  for 
B.  Gratz  Brown,  18  ;  Thomas  A.  Hendricks,  42 ;  Charles  J.  Jenkins,  2  ; 
Davis  Davis,  1.  _        .    ^  „ 

fNot  counted,  17  ;  of  these,  three  votes  cast  in  Georgia  for  Horace 
Greeley  were  excluded,  he  having  died  before  the  votes  were  so  cast— 
the  House  voting  to  exclude,  the  Senate  to  receive.  The  vote  of  Ar- 
kansas was  rejected— the  House  voting  to  receive,  the  Senate  to  reject. 
The  vote  of  Louisiana  was  rejected,  both  Houses  concurring. 

Total  counted,  349— necessary  to  a  choice,  175. 
26 


POPULAR  VOTES. 


POPULAR  VOTE  FOR  PRESIDENT,  BY  STATES. 


STATES. 

1824.* 

1828. 

1832.t 

1836. 

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1238 

1906£ 
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By 

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1978 
ature 

13829 
4769 

4448 
4349 

17755 
4276 

112^9 
4110 

18466 
4738 

19234 
4155 

1542 
3005 

Legisl 
1901 
7343 

ature 
219 

1047 
5315 

1581 
17052 

18709 
6763 
22237 

5428 
15472 

20750 
14147 
31552 

24930 
14983 
41281 

22126 
18097 
32480 

6870 
14G32 
30G87 

*1694 
311 
4107 
9110 
By 

12280 
5440 
2145 

By 

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Legisl 
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Legisl 
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200 
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16782 

31172 
40t,7 
20773 
25759 
2983G 

"l581 

3422 
2407G 
23758 
135413 
13918 
6339G 
50848 
2754 

39084 
4G05 
13927 
24578 
6019 

0763 
8232 
20G92 
21950 
1407G3 
37857 
07597 
101G52 
821 

4339G 
2528 
27204 
191G0 
33003 

maj. 

19010 

23393 
15489G 

45G3 
76539 
5671G 

2810 

36247 
4049 
33291 
1915G 
14545 

"5919 
5192 

2548G 
23856 
1G8497 
248G2 
8124:. 
90983 
212G 

3G955 
3383 

15239 

25852 

41093 
4000 
9G38 
8337 
6228 

26892 
138543 

23621) 
105405 

87111 
2710 

33435 
3653 
22300 
22167 
33501 
73G0 
9979 
10995 
18722 
2G347 
166815 
2G910 
9;;948 
91475 
2964 

Maine  

Maryland   

Massachusetts 
Michigan  

N.  Hampshire 
Ngw  Jersey 
New  York 
NorthCarolina 

Ohio   

Pennsylvania . 
Rhode  Island. 
SouthCarolina 

Texas   

695 
1401 

19255 
1609 

2240 

44090 

143G 

28740 

359(;2 

26120 

:U89 

Legisl 
28G1 

ature 
8489 

416 

24784 
12101 

8205 
26752 

11152 
11451 

7870 
33G09 

20991 
233G8 

14037 
30261 

Total  

105321 

155872 

44282 

40587 

509097 

:47231 

530189 

J87502 

r36G5G| 

7 0 1549 

•  "^i^^^^^T^^l^l  Adams  in  1824,  50,551;  over  Adams  in  1828,  138,134;  over  Clay 
in  l«o2,  157.313.    Van  Buren  over  Harrison  and  all  others,  in  1836,  24,893. 

':=Neither  candidate  received  a  majority  of  the  Electoral  Vote,  and  the  House 
of  Eepresc-ntatives  elected  Mr.  John  Quincy  Adams. 

.XSi?"'''^  ^^  '•'■^  of  Maryland,  ran  as  an  Anti-Masonic  candidate,  in  1832,  re- 
ceiving  a  considerable  vote  in  New  England,  New  York  and  Pennsvlvauia 

afa"vo\e  of  Vermont'.'  ""'^^  "^  ''^  receive^d  tJe  eS 

nT?J^TT^PJ'?^"^\?,"7°^^^^^  divided  between  General  William  H.  Harrison,  ol 
vlnie?^ts^;ZT^^^^^^  ^-  ^ortl.  Carolina. 


POPTTLAR  VOTES.  307 

POPULAR  VOTE  FOR  PRESIDENT,  BY  STATES— Continued. 


MAXES. 

1840. 

1844. 

1848. 

fl" 

n 

« i 

>■ 

's 

■2 

g 
o 

u 
o 

-s 

•2 

s 

"Pi 
H 

,  e 
« 

gi 
p§ 

Alabama  ... 
Arkansas ... 

28471 
51G0 

33991 
6766 

2C084 
5:>04 

S7740 
9o46 

30482 
7588 

313G3 
9300 

Connectic't 
Delaware ... 

31601 
59G7 

2529C 
4884 

174 

32832 
6278 

29841 
5996 

1943 

30314 
6421 
3116 
47544 
53047 
69907 
11084 
67141 
1821V 
35125 
37702 
61070 
23940 
25922 
32G71 
14781 
40015 
218G03 
43550 
1383G0 
185513 
6779 

27046 
6898 
1847 
44802 
5C300 
74745 
12093 
49720 
15370 
39880 
34528 
35281 
30G87 
26537 
4'- 077 
277G3 
3G901 
114318 
348G9 
154775 
17117G 
3G4b 

5005 
80 

15774 
8100 
1126 

12096 
125 
38058 
10389 

75G0 
829 
120510 

35354 
11263 
730 

Georgia  

Indiana  

40261 
45537 
65302 

31921 
47476 
51604 

149 

42100 
4.5528 
67867 

44177 

57920 
70181 

3570 
2106 

Kentucky... 
Louisiana... 

58489 
11296 
46612 
33528 
72874 
22933 
19518 
22972 
26158 
33351 
225817 
46376 
148157 
144021 
5278 

32616 
7616 
46201 
28752 
51944 
21131 
16995 
297  GO 
32761 
31034 
212527 
33782 
124782 
143672 
3301 

194 

1621 
321 

126 
69 
2798 

903 
343 
42 

61255 
13083 
34378 
35984 
67418 
24337 
19206 
31251 
17866 
38^18 
232482 
43232 
155057 
161203 
7322 

51988 
13782 
45719 
32G76 
62846 
27759 
25126 
41369 
271  GO 
37495 
237588 
39287 
149117 
1G7535 
48G7 

4836 

108G0 
3632 

41G1 
131 
15812 

8050 
3138 
107 

Maryland... 
Massach'tts 
Michigan ... 
Mississippi. 
Missouri .... 
New  Hamp. 
New  Jersey. 
New  York... 
N.  Carolina 

Pennsylv'a. 
Rhode  Isl'd 
S.  Carolina. 
Tennessee .. 

60391 

48289 

60030 

59917 

64705 
4509 
23122 
45124 
13747 

58419 
10G6S 
10948 
4G58G 
15001 

13837 
9 

10418 

Virginia  .... 
Wisconfain .. 

32440 
42501 

18018 
43893 

319 

26770 
43G77 

18041 
49570 

3954 

1275011 

1122912 

7059 

12990G2 

1337243 

62300 

13G0099 

1220544 

291263 

Harrison  over  Van  Buren,  145,999 ;  over  Van  Buren  and  Birney,  138,940. 

Polk  over  Clay,  38,181 ;  Clay  and  Birney  over  Polk,  24,119. 

Taylor  over  Cass,  139,555 ;  Cass  and  Van  Bnren  over  Taylor,  151,700. 


POPULAE  YOTES. 


POPULAR  VOTE  FOR  PRESIDENT,  BY  STATES- Continacd 


Alabama  

Arkansas  

California  

Connpcticut  

Deiavviire  

Fiorifla  

Georgia   

Illinois  

Iniliana  

Iowa  

Kentucky  

Louisiana  

Maine  

Maryland  

Massaclausett3  .. 

Michigan  

Mississippi  

Missouri   

New  Ilimpshiri 

New  Jersey  

New  York  

Nt)rrh  Carolina. 

Ohio  

Pennsylvania...., 

Rhode  Island  

South  Carolina.. 

Venuessee  

Texas   

Vermont  

Virginia   

Wisconsin  


Total 


lu()38 
7404 

30:].-;7 

2S7A 
iGGfiO 

8000] 

i5o5a 

570G8 
17255 
32.143 
350.;6 
52G83 

3;:;8rj9 

17r)48 
2!JD84 
1GI47 
38556 
231882 
300.'">8 
15252G 
179174 
7G2G 
Electors 
58898 
4995 
22173 
58572 
22240 


1852. 


1^ 


2,;881 

12173 

4062G 
33249 
G318 
4318 
34705 

8o:'.j7 

95310 
17703 
53803 
18G47 
41G09 
40020 
445G9 
41842 
2G876 
38353 
29997 
44305 
2.;2083 
39744 
1G9220 
1985  8 
8735 
cho'^en 
57018 
13552 
13041 
7S858 
33G68 


Da 


100 
31  GO 
02 


9;)CG 

9G189 

0929 

91375 

1004 

43954 

314 

8030 

G7379 

54 

281 

28023 

108190 

7237 

717G2 

GG95 
350 
25329 

31G82 
8525 
C44 
by  Leg 


20091 
42715 
308 


138C580  I    1  GO  1274  I  1-55825 


38345 
28338 
27G007 

187497 
147510 
11407 
islature. 


395G1 
291 
6G090 


13412G4 


1856. 


pa 


4..7;;9 

21910 

533G5 
34995 
8004 
G358 
^0578 
10534-8 
118G70 
3G170 
74G42 
221C4 
39080 
39115 
39240 
5213G 
3544G 
58104 
32789 
4G943 
195878 
4824i; 
171.874 
230710 
G080 


73,J38 
311 G9 
105G9 
8970G 
52843 


183S1G9 


Pierce  over  Scott,  214,694;  over  Scott  and  flale,  588G9 
377  Sr*''  ^'-^S.goS;  Fremont  and  Fillmore  over  Bucboaan, 


POPXJLAK  VOTES.  309 

POPULAR  VOTE  FOR  PRESIDENT,  BY  STATES— Continued. 


1860. 

1864. 

1868. 

STATES. 

X 

(5. 

d 

a 

3 
2 

>> 

Maine  

Nuw  Qaiui!>Iiiiv 
Ma?sachns.-tts  . 
Rhode  I<h.ii.l...! 

Coaui'ciiLUt  j 

V<^rm>nt  

Ni-w  Voik  

N   W  J   Tr-.  y   

G2S1 1 

ijj-;. 
.-.•S;:j 



2:.. .93 

3!;~.72 
=•"=7.*  17 

15.:  _2 

12510 

C3G8 
21 IJ 

5039 

'"l4"i"i 

21 S 

7-^'78' 

3"95| 
12  .7^21 
1434i;l 
41.93; 
424221 

4773.| 

3  0341 
4s745i 

'Mi, 

70433 
37718 

13_.37:i 
129D3 
4.^72: 
44107 

419883 
i9S(l 

4239} 

3o.:i7i 

50108 
6548 
4.3S1 
12045 
4_9S63 
82725 

Pi-nnsylvania... 

Drliiware  

Jlarylnnl  

Virginia   

3^1." 
22:'; 
1;.)2.' 

417  ' 
7L«; 

1 1  7^5 

59-; 
l^.;_y(i 

74:;i3 

20  "38.' 
61.3.:, 

27  :"0S' 
327.-' 

3422S0 
"  9.486 

.S133S2 
103.0 
1  2275 

"653U 

Kor.h  L'ar;/iiua 
Sontli  Carolina 

Gfur.uia  

K  iitut  ky   

T.'nnossci'  

Ohio    

Lonisiaua  

Missi-ssipjii   

>;'o " 

231Ij10 

pr-pn 

4_C36u 
(;C05S 
69274 
12I'J3 

202i'-l 
2.5(i4'.. 

27L.1 
larvnte 
115.U 
25C51 
11350 
167232 

3' '8'^ 

516oij 
53143 
647(;9 
11405 
22  :S1 
40797 

"""2"786|"'"o4;^Ol 
""26.5l54j  205508 

r-2:if0 
56  J3.J 
39536 
90447 
26k22^ 
27911 


9.5104 
325ir 
1285..' 

45137 
102108 
115589 
i;lC48 
236032 
413.58 



l'..,.54S0 
199141 
72oS3 
7*976 
28406 
97(io8 

Indiana  

Illinois  

Al  bania   

Missouri  

Arkan=.''-s  

ilichigali   

j  *i7U2S 

864:61 

40i:J 
27875 

20094 

40.: 

5437 

11550.) 

1C021.' 
13651 
58S01 
5227 

"^3  r, 

1220: 
240 
46631 

28 1 

L.  Ox— 
189467 

I  

7-991 

65351 

■""3162" 

07370 

Texas  

lovsa   

Tur  . 

=n543c 
L7;;L 

j  

55 1 1 1 

475  . 
11.4 

;'""l2: 

Wiscon-iu  

California  

Miuucsota  

Oregon   

Kansas  

West  Virginia 

S  .III 

3;ii7. 

22M.,.C 
.")27( 
.  Admit 
.  Incln. 
Admit 

ir.l 
(i8r 
6: 

is; 

od 
I  ed  in 

t  ?d 

0502 
385  k 
.  11921 
5  3951 
since 
Va.in 
since 

83 
3433 

74 
500 
1860. 

^  795.:- 
4  621::J 
?      2.50  .( 
988. 

11:22 

2322 
"982 

1  43.641 
)  17.i7. 
5  845- 
i  387^ 
3  1045- 
3  659- 

1  54:.6' 
435  0 

892 
2970 
'  2214 
1  8-:2 

54. 81 
2SI17 
}  9138 
]  13408 
;  12043 
0791 

972 

J  3429 

1 

Total  

186645 

21590631 1137515 

'  847; )5 

i!  221306 

5  180223 

-i  305311 

1  2714195 

♦  Fusion  ticket. 


POPULAB  VOTES. 
POPULAR  VOTE  FOR  PRESIDENT,  BY  STATES-Continued. 


STATES. 


Alabama  , 

Arkansas  

California  

Connecticut  

Delaware  

Florida  

Georgia  

Illinois  

Indiana  

Iowa  

Kansas  

Kentucky  , 

Louisiana  , 

Maine  

Maryland  

Massac  h  usetts.. ... 

Michigan  

Minnesota  

Mississippi  

Missouri  

Nebi-aska  .'. 

Nevada  

'New  Hampshire. 

New  Jersey  

New  York  

North  Carolina... 

Ohio  

Oregon  

Pennsylvania..'.'.'.'. 

Rhode  Island  

South  Carolina.... 

Tennessee  , 

Texas  , 

Vermont  

Virginia  

West  Virginia  

Wisconsin  


1872. 


Republican. 
Grant. 

Liberal  and 
Democratic. 
Greeley.* 

90272 

79444 

4137£; 

37927 

5402( 

4071S 

6068^ 

45S^!fl 

11115 

10206 

17763 

15427 

62550 

76356 

241944 

184938 

186147 

163632 

131566 

71196 

67048 

32970 

88766 

99995 

71663 

57029 

61422 

29087 

66760 

67687 

] 33472 

59260 

138455 

78355 

55117 

34423 

82175 

47288 

119196 

151434 

18329 

7812 

8413 

6236 

37168 

31424 

91656 

76456 
387281 

440736 

94769 

70094 

28] 852 

244321 

11819 

7730 

349589 

212041 

13665 

5329 

72290 

22703 

85655 

94391 

47468 

66546 

41481 

10927 

93468 

91654 

32315 

29451 

104997 

86477 

3597132 

2834125 

votes,  and  James 


THE  MILITARY  GOVERNMENT  BILL. 


AN  ACT  for  the  More  Efficient  Government  of  the  Rebel  States: 

Whereas,  No  legal  State  government,  or  adequate  protection  for 
life,  or  property,  now  exists  in  the  rebel  States  of  Virginia, 
North  Carolina,  South  Carolina,  Georgia,  Alabama,  Louisiana, 
Florida,  Texas,  and  Arkansas ;  and. 
Whereas,  It  is  nesessary  that  peace  and  good  order  should  be 
enforced  in  said  States  until  loyal  and  republican  State  gov- 
ernments can  be  established ;  therefore. 
Be  it  enacted,  etc.,  That  said  rebel  States  shall  be  divided  into 
military  districts,  and  made  subject  to  the  military  authority  of 
the  United  States,  as  hereinafter  presc-ribed;  and  for  that  purpose 
Virginia  shall  constitute  the  first  district;   North  Carolina  and 
South  Carolina  the  second  district;  Georgia,  Alabama,  and  Florida 
the  third  district ;  Mississippi  and  Arkansas  the  fourth  district ; 
Louisiana  and  Texas  the  fifth  district. 

Sec.  2.  That  it  shall  be  the  duty  of  the  President  to  assign  to 
the  command  of  each  of  said  districts  an  officer  of  the  army,  not 
below  the  rank  of  brigadier-general,  and  to  detail  a  sufficient  mili- 
tary force  to  enable  such  officer  to  perform  his  duties  and  enforce 
his  authority  within  the  district  to  which  he  is  assigned. 

Sec.  3.  That  it  shall  be  the  duty  of  each  officer  assigned,  as 
aforesaid,  to  protect  all  persons  in  their  rights  of  person  and  pro- 
perty ;  to  suppress  insurrection,  disorder,  and  violence,  and  to 
punish,  and  cause  to  be  punished,  all  disturbers  of  the  public  peace, 
and  criminals ;  and  to  this  end  he  may  allow  loyal  civil  tribunals 
to  take  jurisdiction  of  and  try  offenders;  or,  when  in  his  judgment 
it  may  be  necessary,  for  the  trial  of  offenders,  he  shall  have  power 
to  organize  military  commissions  or  tribunals  for  that  purpose ; 
and  all  interference  under  color  of  State  authority  with  the  exer- 
cise of  military  authority  under  this  act  shall  be  null  and  void- 

Sec.  4.  That  all  persons  put  under  military  arrest  by  virtue  of 
this  act  shall  be  tried  without  unnecessary  delay,  and  no  cruel  or 
unusual  punishment  shall  be  inflicted,  and  no  sentence  of  any 
military  commission  or  tribunal,  hereby  authorized,  affecting  *the 

311 


312 


THE  MILITARY  aOVEENMENT  BILL. 


life  or  liberty  of  any  person,  shall  be  executed  until  it  is  approTcd 

by  the  officer  in  cominand  of  the  district;  and  the  laws  and  regula- 
tions for  the  government  of  the  army  shall  not  be  affected  by  this 
act,  except  in  so  far  as  they  may  conflict  with  its  provisions. 

Sec.  5.  That  when  the  people  of  any  one  of  said  rebel  States 
shall  have  formed  a  constitutional  government,  in  conformity  with 
ihe  Constitution  of  the  United  States  in  all  respects,  framed  by  a 
convention  of  delegates  elected  by  the  persons  who  may  vote  upon 
the  ratification  or  rejection  thereof,  as  hereinafter  provided ;  and 
when  said  constitution,  so  framed,  shall  have  been  ratified  by  a 
majority  of  the  male  citizens  of  said  State,  twenty-one  years  old 
and  upward,  of  whatever  race,  color,  or  previous  condition  of  servi- 
tude, who  may  have  been  resident  in  said  State  for  one  year  previous 
to  the  day  of  voting  on  the  question  of  ratifying  such  constitution, 
except  such  as  may  be  disfranchised  for  participating  in  the  rebel- 
lion, or  for  felony  at  common  law ;  and  when  such  constitution 
shall  provide  that  the  elective  franchise  shall  be  enjoyed  by  all 
such  persons  that  have  the  qualifications  herein  stated,  and  shall 
have  been  submitted  to  Congress  for  examination,  and  Congress 
shall  have  approved  the  same;  and  when  said  State,  by  a  vote  of 
its  legislature  elected  under  said  constitution,  shall  have  adopted 
the  amendment  to  the  Constitution  of  the  United  States,  propose(;i 
by  the  Thirty-ninth  Congress,  and  known  as  article  fourteen,  and 
when  said  article  shall  become  a  part  of  the  Constitution  of  the 
United  States,  such  State  shall  be  declared  entitled  to  representa- 
tion in  Congress,  and  senators  and  representatives  shall  be  admitted 
thereupon,  on  their  taking  the  oath  prescribed  by  the  law;  and 
then  and  thereafter  the  preceding  sections  of  this  bill  shall  be  in- 
operative in  said  State. 

Sec.  6,  (proposed  by  Mr.  Doolittle,)  provides  that  the  penalty  of 
death  shall  not  be  inflicted  by  the  military  power  without  the 
approval  of  the  President. 

Sec.  7.  (Shellabarger's  amendment.)  That  until  the  people  of 
said  rebel  States  shall,  by  law,  be  admitted  to  representation  in  the 
Congress  of  the  United  States,  the  civil  governments  that  may 
exist  therein  shall  be  deemed  provisional  only,  and  shall  be  in  all 
respects  subject  to  the  paramount  authority  of  the  United  States, 
which  may  at  any  time  abolish,  modify,  control,  and  supersede  the 
same,  and  in  all  elections  to  any  office  under  such  provisional  gov- 
ernments all  persons  shall  be  entitled  to  vote,  and  none  others, 
who  are  entitled  to  vote  under  the  provisions  of  the  fifth  section 
of  this  act,  and  no  person  shall  be  eligible  to  any  office  under  such 
provisional  governments  who  would  be  disqualified  from  holding 
office  under  the  provisions  of  the  third  article  of  said  Constitutional 
Amendment 


THE  MILITARY  GOVERNMENT  BILL. 


313 


SUPPLEMENT  TO  THE  MILITARY  GOVERNMENT  BILL. 

Fa^ssd  at  the  First  Session  of  the  Fortieth  Congress. 

A*  Act  supplementary  to  an  act  entitled,  "An  act  to  provide  for  the 
more  efficient  government  of  the  rebel  States,"  passed  March 
second,  eighteen  hundred  and  sixty-seven,  and  to  facilitate 
restoration. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
^tates  of  America  jn  Congress  assembled,  That  before  the  first  day  of 
beptamber,  eighteen  hundred  and  sixty-seven,  the  commanding  gen- 
eral m  each  district  defined  by  an  act  entitled,  "An  act  to  provide 
lor  the  more  efficient  government  of  the  rebel  States,"  passed  March 
second,  eighteen  hundred  and  sixty-seven,  shall  cause  a  registration 
to  be-  made  of  the  male  citizens  of  the  United  States,  twenty-one 
years  of  age  and  upward,  resident  in  each  county  or  parish  in  the 
btate  or  fetates  included  in  his  district,  which  registration  shall  in- 
clude only  those  persons  who  are  qualified  to  vote  for  delegates  by 
the  act  aforesaid,  and  who  shall  have  taken  and  subscribed  the  fol- 
lowing oath  or  affirmation :  "  I,  ,  do  solemnly  swear,  (or  affirm,) 

m  the  presence  of  Almighty  God,  that  I  am  a  citizen  of  the  State  of 

 ;  that  I  have  resided  in  said  State  for  months  next 

preceding  this  day,  and  now  reside  in  the  county  of   or  the 

parish  of   ,  in  said  State,  (as  the  case  may  be:)  that  I  am 

twenty-one  years  old;  that  I  have  not  been  disfranchised  for  partici- 
pation in  any  rebellion  or  civil  war  against  the  United  States,  nor 
for  felony  committed  against  the  laws  of  any  State  or  of  the  uAited 
btafees  ;  that  I  have  never  been  a  member  of  any  State  legislature 
nor  held  any  executive  or  judicial  office  in  any  State,  and  afterward 
engaged  in  insurrection  or  rebellion  against  the  United  States  or 
given  aid  or  comfort  to  the  enemies  thereof;  that  I  have  never  taken 
an  oath  as  a  member  of  Congress  of  the  United  States,  or  as  an  officer 
ot  the  United  States,  or  as  a  member  of  any  State  legislature,  or  as 
an  executive  or  judicial  officer  of  any  State,  to  support  the  Consti- 
tution of  the  United  States,  and  afterward  engaged  in  insurrection 
or  rebellion  against  the  United  States,  or  given  aid  or  comfort  to  the 
enemies  thereof;  that  I  will  faithfully  support  the  Constitution  and 
obey  the  laws  of  the  United  States,  and  will,  to  the  best  of  my  ability 
encourage  others  so  to  do,  so  help  me  God ;"  which  oath  or  affirmation 
may  be  administered  by  any  registering  officer. 

Sec.  2.  And  be  it  further  enacted,  That  after  the  completion  of  the 
registration  hereby  provided  for  in  any  State,  at  such  time  and 
places  therein  as  the  commanding  general  shall  appoint  and  direct, 
of  which  at  least  thirty  days'  public  notice  shall  be  given,  an  election 
27 


314 


THE  UILITABY  GOVERNMENT  BILL. 


shall  be  held  of  delegates  to  a  convention  for  the  purpose  of  estab* 
lishing  a  constitution  and  civil  government  for  such  State  loyal  to 
the  Union,  said  convention  in  each  State,  except  Virginia,  to  consist 
of  the  same  number  of  members  as  the  most  numerous  branch  of  the 
State  legislature  of  such  State  in  the  year  eighteen  hundred  and 
sixty,  to  be  apportioned  among  the  several  districts,  counties,  or 
parishes  of  such  State  by  the  commanding  general,  giving  to  each 
representation  in  the  ratio  of  voters  registered  as  aforesaid  as  nearly 
as  may  be.  The  convention  in  Virginia  shall  consist  of  the  same 
number  of  members  as  represented  the  territory  now  constituting 
Virginia  in  the  most  numerous  branch  of  the  legislature  of  said 
State  in  the  year  eighteen  hundred  and  sixty,  to  be  apportioned  as 
aforesaid. 

Sec.  3.  And  be  it  further  enacted,  That  at  said  election  the  registered 
voters  of  each  State  shall  vote  for  or  against  a  convention  to  form 
a  constitution  therefor  under  this  act.  Those  voting  in  favor  of  such 
a  convention  shall  have  written  or  printed  on  the  ballots  by  which 
they  vote  for  delegates,  as  aforesaid,  the  words,  "For  a  convention;" 
and  those  voting  against  such  a  convention  shall  have  written  or 
printed  on  such  ballots  the  words,  "Against  a  convention."  The 
persons  appointed  to  superintend  said  election,  and  to  make  return 
of  the  votes  given  thereat,  as  herein  provided,  shall  count  and  make 
return  of  the  votes  given  for  and  against  a  convention;  and  the 
commanding  general  to  whom  the  same  shall  have  been  returned 
shall  ascertain  and  declare  the  total  vote  in  each  State  for  and 
against  a  convention.  If  a  majority  of  the  votes  given  on  that 
question  shall  be  for  a  convention,  then  such  convention  shall  be 
held  as  hereinafter  provided;  but  if  a  majority  of  said  votes  shall 
be  against  a  convention,  then  no  such  convention  shall  be  held  under 
this  act :  Provided,  That  such  convention  shall  not  be  held  unless  a 
majority  of  all  such  registered  voters  shall  have  voted  on  the  question 
of  holding  such  convention. 

Sec.  4.  And  be  it  further  enacted,  That  the  commanding  general  of 
each  district  shall  appoint  as  many  boards  of  registration  as  may 
be  necessary,  consisting  of  three  loyal  officers  or  persons,  to  make 
and  complete  the  registration,  superintend  the  election,  and  make 
return  to  him  of  the  votes,  list  of  voters,  and  of  the  persons  elected 
as  delegates,  by  a  plurality  of  the  votes  cast  at  said  election;  and 
upon  receiving  said  returns,  he  shall  open  the  same,  ascertain  the 
persons  elected  as  delegates,  according  to  the  returns  of  the  officers 
who  conducted  said  election,  and  make  proclamation  thereof;  and 
if  a  majority  of  the  votes  given  on  that  question  shall  be  for  a  con- 
vention, the  commanding  general,  within  sixty  days  from  the  date 
of  election,  shall  notify  the  delegates  to  assemble  in  convention,  at  a 
time  and  place  to  be  mentioned  in  the  notification;  and  said  conven- 
tion, when  organized,  shall  proceed  to  frame  a  constitution  and  civil 
government  according  to  the  provisions  of  this  act,  and  the  act  to 
which  it  is  supplementary ;  and  when  the  same  shall  have  been  so 


THE  MILITAET  GOVEENMENT  BILL. 


315 


framed,  said  constitution  shall  be  submitted  by  the  convention  for 
ratification  to  the  persons  registered  under  the  provisions  of  this 
act,  at  an  election  to  be  conducted  by  the  officers  or  persons  appointed 
or  to  be  appointed  by  the  commanding  general,  as  hereinbefore  pro- 
vided, and  to  be  held  after  the  expiration  of  thirty  days  from  the 
date  of  notice  thereof,  to  be  given  by  said  convention;  and  the 
returns  thereof  shall  be  made  to  the  commanding  general  of  the 
district. 

Sec.  5.  And  he  it  further  enacted,  That  if,  according  to  said  returns, 
the  constitution  shall  be  ratified  by  a  majority  of  the  votes  of  the 
registered  electors  qualified  as  herein  specified,  cast  at  said  election, 
at  least  one-half  of  all  the  registered  voters  voting  upon  the  question 
of  such  ratification,  the  president  of  the  convention  shall  transmit  a 
copy  of  the  same,  duly  certified,  to  the  President  of  the  United  States, 
who  shall  forthwith  transmit  the  same  to  Congress,  if  then  in  session, 
and  if  not  in  session,  then  immediately  upon  its  next  assembling; 
and  if  it  shall  moreover  appear  to  Congress  that  the  election  was 
one  at  which  all  the  registered  and  qualified  electors  in  the  State 
had  an  opportunity  to  vote  freely  and  without  restraint,  fear,  or  the 
infiuence  of  fraud,  and  if  the  Congress  shall  be  satisfied  that  such 
constitution  meets  the  approval  of  a  majority  of  all  the  qualified 
electors  in  the  State,  and  if  the  said  constitution  shall  be  declared 
by  Congress  to  be  in  conformity  with  the  provisions  of  the  act  to 
which  this  is  supplementary,  and  the  other  provisions  of  said  act 
shall  have  been  complied  with,  and  the  said  constitution  shall  bo 
approved  by  Congress,  the  State  shall  be  declared  entitled  to  repre- 
sentation, and  senators  and  representatives  shall  be  admitted  there- 
from, as  therein  provided. 

Sec.  6.  And  be  it  further  enacted,  That  all  elections  in  the  States 
mentioned  in  the  said  "  Act  to  provide  for  the  more  efficient  govern- 
ment of  the  rebel  States,"  shall,  during  the  operation  of  said  act, 
be  by  ballot;  and  all  officers  making  the  said  registration  of  voters 
and  conducting  said  elections  shall,  before  entering  upon  the  dis- 
charge of  their  duties,  take  and  subscribe  the  oath  prescribed  by 
the  act  approved  July  second,  eighteen  hundred  and  sixty-two,  en- 
titled, "  An  act  to  prescribe  an  oath  of  office:"  Provided,  That  if  any 
person  shall  knowingly  and  falsely  take  and  subscribe  any  oath  in 
this  act  prescribed,  such  person  so  offending,  and  being  thereof  duly 
convicted,  shall  be  subject  to  the  pains,  penalties,  and  disabilities 
which  by  law  are  provided  for  the  punishment  of  the  crime  of  willful 
and  corrupt  perjury. 

Sec.  7.  And  he  it  further  enacted,  That  all  expenses  incurred  by  the 
several  commanding  generals,  or  by  virtue  of  any  orders  issued,  or 
appointments  made,  by  them,  under  or  by  virtue  of  this  act,  shall 
be  paid  out  of  any  moneys  in  the  treasury  not  otherwise  appropri- 
ated. 

Sec.  8.  And  he  it  further  enacted,  That  the  convention  for  each  State 
Bhall  prescribe  the  fees,  salary,  and  compensation  to  be  paid  to  ali 


THE  MILITART  GOVERNMENT  BII.Ii. 

delegates  and  other  officers  and  agents  herein  authorized  or  neces- 
sary to  carry  into  effect  the  purposes  of  this  act  not  herein  otherwise 
provided  for,  and  shall  proTide  for  the  levy  and  collection  of  such 
taxes  on  the  property  in  such  State  as  may  be  necessary  to  pay  tha 

Skc  9.  And  be  it  further  enacted,  That  the  word  "  article,"  in  the 
sixth  section  of  the  act  to  which  this  is  supplementary,  shall  be 
construed  to  mean  "section."  SCHUYLER  COLFAX, 

Speaker  of  the  House  of  Representatives. 
B.  F.  WADE, 
President  of  the  Senate  pro  tempore. 

After  the  election  which  was  held  early  in  February,  1868,  upon 
the  ratification  of  a  new  Constitution  tor  the  State  of  Alabama,  the 
law  was  so  amended  by  Congress  that  a  majority  of  the  votes  cast 
(instead  of  a  majority  of  the  registered  voters)  should  be  requirea 
to  ratify  or  reject  State  constitutions  in  the  seceded  States. 


THE  AMNESTY  ACT  AS  PASSED  AND 
APPROVED. 


Be  it  enacted,  etc.,  (two  thirds  of  each  House  concurring 
therein,)  That  all  legal  and  political  disabilities  imposed 
by  the  third  section  of  the  fourteenth  article  ot  the 
amendments  of  the  Constitution  of  the  United  States  are 
hereby  removed  from  all  persons  ^whomsoever,  except 
Senators  and  Representatives  of  the  Thirty-sixth  and 
Thirty-seventh  Congress,  officers  in  the  judicial,  nailitary, 
and  naval  service  of  the  United  States,  heads  of  Depart 
ments,  and  foreign  ministers  of  the  United  States. 


Approved  May  22,  1872. 


HOMESTEAD  LAW. 


By  act  of  Congress  of  May  20,  1862,  any  person  who  is  the  head  of 
a  family,  or  who  has  arrived  at  the  age  of  twenty -one  years,  or  has 
performed  service  in  the  army  or  navy,  and  is  a  citii,en  of  the  United 
States,  or  shall  have  filed  his  declaration  of  intention  to  become  such, 
and  has  never  borne  arms  against  the  Government  of  th«  Uniled 
States,  or  given  aid  and  comfort  to  its  enemies,  shall,  from  and  after 
the  1st  of  January,  1863,  be  entitled  to  enter  a  quarter  section  (160 
acres, )  of  unappropriated  public  land,  upon  which  he  or  she  may  have 
already  filed  a  pre-emption  claim,  or  which  is  subject  to  pre-emption, 
at  $1.25  per  acre;  or  80  acres  of  unappropriated  lands,  at  $2.50  per 
acre.  In  order  to  make  his  or  her  title  good  to  such  lands,  however, 
Buch  person  must  make  affidavit  that  such  applicatiou  is  made  for  his 
or  her  exclusive  use  and  benefit,  and  that  said  entry  is  made  for  the 
purpose  of  actual  settlement  and  cultivation,  and  not,  either  directly 
or  indirectly,  for  the  use  or  benefit  of  any  other  person  or  persona 
whomsoever;  and  upon  filing  the  affidavit,  and  paying  the  sum  of  ten 
dollars  to  the  register  or  receiver,  such  person  shall  be  allowed  to  enter 
the  land  specified;  but  no  certificate  or  patent  is  issued  for  the  land 
until  five  years  from  the  date  of  such  entry,  and  the  land  must,  during 
that  time,  be  improved  and  not  alienated,  (it  can  not  be  taken  for 
debt).  At  any  time  within  two  years  after  the  expiration  of  said  five 
years  the  person  making  the  entry,  or,  in  case  of  his  or  her  death,  his 
wldovf  or  heirs,  may,  on  proof  by  two  witnesses  that  he  or  she  has 
cultivated  or  improved  said  land,  has  not  alienated  any  part  of  it,  and 
has  borne  true  allegiance  to  the  United  States,  be  entitled  to  a  patent; 
if  at  that  time  a  citizen  of  the  United  States.  In  case  of  the  abandon- 
mopt  of  the  lands  by  the  person  making  the  entry,  for  a  period 
of  more  than  six  months  at  one  time,  they  revert  to  the  United 
States. 

317 


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IMPORTANT  STATISTICS. 


WEALTH,  LOCAL  DEBT,  AND  TAXATION 

in  the  several  States  and  Territories,  by  Census  of  1850,  1860,  and  1870. 


Alabama... 

Arkansas. 
California 

Conn  

Delaware. 
Florida...., 
Georgia...., 

Illinois  

Indiana.... 
Iowa.... 
Kansas 
Kentucky. 
Louisiana. 
Maine 
Maryland. 

Mass  

Michigan 

Minnesota 

Mississippi 

Missouri. 

Nebraska 

Nevada.... 

New  Ham. 

NewJersey 

New  York. 

North  Car. 

Ohio  

Oregon  

Penna....... 

R.  Island.. 
South  Car. 
Tennessee. 

Texas  

Vermont .. 
Virginia... 

W.  Va  

Wisconsin 

Total... 

Territo- 
ries. 


Total... 
Gr'ndTot'l 


True  Value  of  Real  and  Personal 
Estate. 


$228,204,332 
39,841,025 
22,1()1,872 
155,707,980 
21,062,556 
22,862.270 
335,425,714 
156,265,006 
202,650,264 
23,714,638 


301,628,456 
233,998,764 
122,777,571 
219,217,364 
573,342,286 
59,787,255 

'228,95ij30 
137,247,707 


103,652,835 
200,000,000 
1,080,309,216 
226,800,472 
504,726,120 
5,063,474 
722,486,120 
80,508,794 
288,257,694 
201,246,686 
52,740,473 
92,205,049 
430,701,082 

42, 056 ,595 


$7,115,000,800 


$14,018,874 


5,174,471 
986,083 


$20,179,428 


$7,135,780,228 


$495,237,078 
219,256,473 
207,874.613 
444,274,114 

46,242,181 

73,101,500 
645,895,537 
871,860,282 
528,835,371 
247,338,265 

31,327,895 
666,043,1 12 
602,118,568 
190,211,600 
376,919,94 
815,237,433 
257,163,983 

52,294,413 
607,324,911 
601.214,398 
9,131,056 

''"l563"lO,860 

467,018,324 
1,843,338,517 
3;38,739,399 
1,193,898,422 
28,930,637 
1,416,501,818 
135,337,588 
648,138,754 
493,903,892 
365,200,614 
122,477,170 
793,249,681 

""273,'67r,'668 


1870. 


$16,086,519,771 


$41,084,945 


$73,096,297 


$16,159,616,068 


$29,,822,535,140 


State,County,Town 
and  City  Taxation, 


1,261,866 
1,457,506 
15,363,422 
1,044,732 
9,611,021 

199,056 
8,729,736 

686,133 
1,280,386 
1,102,793 

533,265 

908,080 
3,672,689 

'Tssb'oil 


$93,774,421 


$245,983,367 


$30,068,518,50^ 


(b) 
$260,218 


29,790 
65,006 
57,311 


1870. 


$2,982, 
2,866,890 
7,817,115 
6,064,843 
418,092 
496,166 
2,627,029 

21,825,008 

10,791,121 
9,055,614 
2,673,992 
5,730,118 
7,060,722 
5,348,645 
6,632,842 

24,922,900 
5,412,957 
2,648,372 
3,736,432 

13,908,498 
1,027,32^ 
820,308 
3,255,793 
7,416,724 

48,550,308 
2,352,809 

23,526,548 
580,956 

24,.53],39: 
2,170.1.52 
2,767,675 
3,381,5 
1,129,577 
2,135,919 
4,613,798 
1,722,1.58 
6,387,970 


$278,391,286 


$31,323 
362,197 

13,867 
,.581,569 
174,711 
198,527 

61.014 
167,.355 
163,992 

34,471 


$412,325     $2,789,026  $3,891,691 


$13,277,154 
4,151,152 
18,089,082 
17,088,906 
526,125 
2,185,838 
21,753,712 
42.191,869 
7,818,710 
8,043,133 
6,442,282 
18,953,484 
53,087,441 
16,624,624 
29,032,577 
69,211,538 
'  6,725,231 
2.788,797 
2,594,415 
46,909,865 
2,089,264 
l,9^i6,093 
11,153,373 
22,854,304 
159,808,234 
32,474,036 
22,241,988 
218,486 
89,027,131 
6,938,642 
13,075,229 
48,827,191 
1,613,907 
3,594,700 
55,921,255 
.561,767 
6,903,532 


1864,785,067 


$10,500 
681.158 

5,761 
2,.596.515 
222,621 
278,719 

7,560 

88,827 


$94,186,746  $281,180,312  $868,676,758 


(a)  Returns  of  taxation  at  1860  incomplete, 
ib)  No  returns  of  taxation  at  1860. 


IMPORTANT  STATISTICS. 


321 


AGRICULTURAL  STATISTICS. 


Lands,  Productions,  etc. 


Farm  lands,  improved,  acres  

Farm  lands,  woodland,  acres  

Farm  lands,  other,  unimproved,  acres  

Farm«,  cash  value  of.  

Farming  implem'ts  &  machinery, cash  val 

Wages,  including  val.  of  board  during  year 

Total  (estimated)  value  of  all  farm  pro- 
ductions, including  betterments  and 
additions  to  stock  

Orchard  products  

Produce  of  market  gardens  

Forest  products  

Value  of  home  manufactures  

Value  of  animals  slaughtered  or  sold  for 
slaughter  

Value  of  all  live  stock  

Horses,  number  of.  

Mules  and  asses,  number  of  

Milch  cows,  number  of.  

Working  oxen,  number  of.  

Other  cattle,  number  of.  

Sheep,  number  of.  

Swine,  number  of.  

Wheat,  spring,  bushels  

Wheat,  winter,  bushels  

Rye,  bushels  

Indian  corn,  bushels..  

Oats,  bushels  

Barley,  bushels....  

Buckwheat,  bushels  

Rice,  pounds  

Tobacco,  pounds  

Cotton,  bales  

Wool,  pounds  

Peas  and  beans,  bushels  

Potatoes,  Irish,  bushels  

Potatoes,  sweet,  bushels  

Wine,  gallons  

Butter,  pounds  

Cheese,  pounds  

Milk  sold,  gallons  

Hay,  tons  

Seed,  clover,  bushels  

Seed,  grass,  bushels  

Hops,  pounds  

Hemp,  tons  

Flax,  pounds  

Flax-seed,  bushels...  

Silk  cocoons,  pounds  

Sugar,  cane,  hogsheads  

Sugar,  sorghum,  hogsheads  

Sugar,  maple,  pounds  

Molasses,  cane,  gallons  

Molasses,  sorghum,  gallons  

Molasses,  maple,  gallons  

Beeswax,  pounds  

Bees'  honey,  pounds  


188,921,099 
159,310,177 
69,503,765 
.262,803,861 
S336,878,429 
1310,286,285 


447,538,658 
47,335, 1»9 
20,719,229 
36,808,277 

123,423,332 


1396,956,376 
11,525,276,457 
7,145,370 
1,125,415 
8,935,3.32 
1,319,271 
13,566,005 
28,477,951 
25,134,569 
112,549,733 
175,195,893 
16,918,795 
760.944,549 
282,107,157 
29,761,305 
9,821,721 
73,635,021 
262,735,341 
3,011,996 
100,102,387 
5,746,027 
143,337,473 
21,709,824 
3,092,330 
514,092,683 
53,492,153 
235,500,599 
27,316,048 
639,657 
583,188 
25,456,669 
12,746 
27,133,034 
1,730,444 
3,937 
87,043 
24 

28,443,645 
6,693,323 

16,050,089 
921,057 
631,129 

14,702,815 


163,110,720 

244,101,818 

B,645,045,007 
$246,118,141 


619,991,885 
fl6,159,498 


$24,546,876 

$213,618,692 
11,089,329,915 
6,249,174 
1,161,148 
8,585,735 
2,254,911 
14,779,373 
22,471,275 
33,512,867 
}  173,104,924 

21,101,380 
838,792,742 
172,643,185 
15,825,898 
17,571,818 
187,167,032 
434,209,461 
5,387,052 
60,264,913 
15,061,995 
111,148,867 
42,095,026 
1,627,192 
459,681,372 
103,663,927 


19,083,896 
956,188 
900,040 
10,991,996 
74,493 
4,720,145 
566,867 
11,944 
230,982 


40,120,205 
14,963,996 
6,749,123 
1,597,589 
1,322,787 
:  23,366,357 


113,032,614 
.  180,528,000 
13,271,575,426 
$151,587,638 


ll',2 


23,186 
180,030 


$27,493,644 

$111,703,142 
$544,180,516 
4,336,719 
559,331 
6,385,094 
1,700,744 
9,693,069 
21,723,220 
30,354,213 
100,485,944 

14,188,813 
592,071,104 
146,584,179 
5,167,015 
8,956,912 
215,313,497 
199,752,655 
2,469,093 
62,516,959 
9,219,901 
65,797,896 
28,268,148 
221.249 
313,345,306 
105,535,893 


13,838,642 
468,978 
416,S31 
3,497,029 
34,871 
7,709,676 
562,312 
10,843 
247,577 


34,253,436 
J-  12,700,896 
}  14,853,790 


322 


IMPORTANT  STATISTICS. 


PUBLIC  DEBT. 

Being  a  statement  of  outstanding  principal  of  the  public  debt  of  the 
United  States,  on  the  1st  day  of  July  of  each  year,  from  1857  to 
1875,  inclusive. 


1857  $    28,699,831  85 

1858   44,911,881  03 

1859.   58,496,837  88 

1860   64,842,287  88 

1861   90,580,873  72 

1862   524,176,412  13 

1863   1,119,772,138  63 

1864   1,815,784,370  57 

1865   2,680,647,869  74 

1866   2,773,236,173  69 


1867  $2,678,126,103  87 

1868   4,611,687,851  19 

1869   2,  ^88,452,213  94 

1870   2,480,672,427  81 

1871   2,353,211,332  32 

1872   2,253,251,328  78 

1873   2,234,482,993  20 

1874   2,251,690,468  43 

1875   2,232,284,531  95 


DEBT  OF  BACH  ADMINISTRATION. 


The  public  debt  at  the  close  of  each  Administration  was:  Washington,  first 
term,  ending  1793,  $80,352,634  04  ;  second  term,  $82,064,479  33  ;  John  Adams,  $83,038,- 
050  80;  Jeiferson,  first  term,  $82,312,160  50;  second  term,  $57,023,192  09  ;  Madison, 
first  term,  $55,962,827  57  ;  second  term,  $123,491,965  16  ;  Monroe,  first  term,  $89,987,- 
427  66;  second  term,  $83,788,432  71;  John  Quincy  Adams,  $58,421,413  67  ;  Jackson, 
first  term,  $7,001,698  83;  second  term,  $3,308,124  07;  Yan  Buren,  $13,594,480  73;  Ty- 
ler, $15,925,303  01;  Polk,  $63,061,858  69;  Fillmore,  $59,803,117  70;  Pierce,  $28,699,831  85; 
Buchanan,  $90,580,873  72;  Lincoln,  $2,680,647,869  74:  Johnson.  $2,588,452,213  94: 
Grant,  first  term,  ending  1873,  $2,234,482,993  20, 

(0 


PUBLIC  LANDS. 

„       ,  ACBES. 

Total  number  of  acres  of  public  lands  of  the  United  States,  in- 
cluding those  disposed  of  as  well  as  those  yet  on  hand   1,834,998,400.00 

Quantity  sold  161,766,426.46 

Entered  under  the  homestead  laws  of  1860,  1864,  &  1866.  20,500,216.69 

Granted  for  military  services   62,115,202.03 

Granted  for  agricultural  colleges  :  ' 

Selected  in  place   1,461,157.64 

Located  with  scrip   6,175,431.35 

Approved  under  grants  in  aid  of  railroads   26,027,673.52 

Approved  swamp  selections  (given  to  the  States)   48,775,990.05 

Quantity  granted  to  the  States  and  Territories  for  in- 
ternal improvements   12,403,054.43 

Donations  and  grants  for  schools   67,983,922.00 

Donations  and  grants  for  universities   1,082,880.00 

Located  with  Indian  scrip   732,165.21 

Located  with  float  scrip  under  act  of  March  17, 1862....  15,296.24 

Estimated  quantity  granted  for  wagon-roads   3,857,213.00 

Quantity  granted  for  ship-canal   1,450,000.00 

Salines   514,485.00 

Seats  of  government  and  public  buildings   146  860.0.0 

Granted  to  individuals  and  companies.....   2,48/,861.32 

Granted  for  deaf  and  dumb  asylums   44,971.11 

Reserved  for  benefit  of  Indians   13,28o'699".94 

Reserved  for  companies,  individuals,  and  corporations  8,955,383.75 

Confirmed  private  land  claims   18,696,947.62 

Total  disposed  of.    458,468,837.36 

Bemaiuing  unsold  and  unappropriated  June  30,  1870   1,376,529,562!64 

(m) 


IMPORTANT  STATISTICS. 


323 


REVENUES  OF  THE  GOVERNMENT 


For  each  fiscal  year  {ending  Jun^  30)  fram  each  source  since  1859. 


1S60. 

1661. 

1S62. 

1663. 

luternal reTenue  

§53,187,511  87 

^9,582,125  64 

§49,056,397  62 

§69,059.642  40 
37,&10;767  95 
1,465.103  61 
167.617  17 
3,741,794  38 

1.795,331  73 
1 52.203  77 
915,327  97 

Public  lauds  

Miscellaiieo's  sources 

1,776.557  71 
1,1)68,530  25 

870,65i>  54 
1,023,515  31 

$56,0.54,599  c3 

§41,476,299  49 

§51,919,261  09 

§112,094,945  51 

1664. 

1865. 

1666.         1  1867. 
1 

Miscellaueo'o  sources 

?102,316.152  99 
109,741,134  10 
475,648  96 
588,333  29 
30,291,701  m 

§  84,923,260  60 
209,4(54,215  25 
1,200,573  03 
996,553  31 
25,441,556  00 

§179,046,651  58 
309,226.813  42 
1,9741754  12 
665,031  03 
29,036,314  23 

§176.417.810  88 
266.027,537  43 
4,200,233  70 
1,163,575  75 
15,037,522  15 

§243,412,971  20 

§322,031,158  19 

§519,949,564  35 

$462,646,679  92 

1S6S. 

1869. 

1870. 

1671. 

Miscellaneo's  sources 

§164,464,599  56 
191,067,589  41 
1,788,145  6-5 
1,346.715  41 
17,745,403  59 

§180,043.426  63 
15S,356;460  86 
765,685  16 
4,020,344  34 
13,997,338  65 

§194,5.38.374  44 
184,899,756  49 
229,102  88 
3,350.431  76 
12,942,118  30 

§206,270,408  05 
143.098,153  63 
580,355  37 
2,388,646  68 
22,093,541  21 

§376,434,453  82 

§357,188.255  64 

§395,959,833  87 

§374,431,104  94 

1872. 

1873. 

1874. 

§216.370.286  77 
130,642,177  72 

§188.039.522  70 
113,729,314  14 
315.2.')4  51 
2,882,312  33 
17,161,270  05 

§163,103.333  69 
102,409,764  90 

2,575,714  19 
15,106.0.51  23 

1.882,428  93 
32,575,043  32 

§364,694,229  91 

§322,177,673  78 

§299,941,090  84 

in) 


S24 


IMPORTANT  STATISTICS. 


EXPENDITURES  OF  THE  GOVERNMENT 


For  each  fiscal  year  {ending  June  30)  since  1859. 


1860. 

1861. 

1862. 

1863. 

fc'oreigu  intercourse.. 

§5,148,65.5  41 
1,163,207  15 

11,514.649  &3 

16,472,202  72 
l,ia'),sn2  32 
2,991,121  54 

20,666,115  74 

$6,156,199  25 
1,142,973  41 

12,387,1:56  .52 

23,001, .530  67 
1,034,599  73 
2,865,481  17 

16,028,115  03 

§.5,939,(K)9  29 
1,339,710  35 
42,640,353  09 
389,173,562  29 

§6,350,618  78 
1,231,413  06 

63,261,235  31 
603,314,411  82 
1,078.513  36 
3,152,032  70 

15,616,3.50  .53 

lut.  on  public  debt  

8.52,170  47 
2,327,948  37 
14,107,142  95 

$60,056,754  71 

$62,616,055  78 

§4.56,379,896  81 

§694,004 ,.575  56 

§3,144,120  94 

$4,034,1.57  30 

§13,190,314  84 

§24,729,700  62 

1864. 

1865. 

1866. 

1867. 

Foreign  intercourse.. 
Int.  on  public  debt.... 

§8,a59,177  23 
1,290,691  92 

85,704,963  74 
690,.391,O48  66 
4,98.5,473  90 
2,629,975  97 

18,222.347  72 

$10,833,944  87 
1.260,818  08 
122,617,4.34  07 
1,030,690,400  06 
16,347,621  34 
5,059..36{)  71 
30,894,620  15 

$12,287,828  55 
1,.3.38,.388  18 
43,.i63,6.>4  17 
286.776,456  13 
15,615,287  75 
3,349.015  93 
27.705,666  96 

$15,.585,4S9  .55 
1,548,589  26 
31,034,011  04 
95.224,415  63 
20,936,551  71 
4,6i2.5.31  77 
33,976,144  91 

$811,283,679  14 

$1,217,704,199  28 

$.3'J0.436,297  67 

§202,947.732  87 

$53,685,421  69 

$77,395,090  SO 

§133,070,513  39 

§143,781,591  91 

1868. 

1869. 

1870. 

1871. 

Civil  list  

Forei^  intercourse.. 

Int.  on  public  debt.... 

111,950,1.56  .58 
1,441,344  05 
25.775,.502  72 
123,236,648  62 
23,782,-386  78 
4,100,682  32 
39,618,367  W 

$12,443,712  07 
8,365,416  77 
2f),000,757  97 
78.501,990  61 
28,476.621  78 
7,042,923  06 
35,664,932  69 

$19,031,283  56 
1,49<J,776  25 
21,780,229  87 
57,&55,675  40 
28,340,202  17 
3,407.938  15 
32,71.5,401  75 

$18,760,779  46 
1,604,373  87 
19.431,027  21 
3.5.799,991  82 
34,443,894  88 
7.426,997  44 
40,116,762  90 

§229,915,088  11 

$190,496,3.54  95 

$164,421,507  15 

§157,583,827  58 

$140,424,045  71 

§130,694,242  80 

$129,235,498  00 

§125,576,565  93 

1872. 

1873. 

1874. 

$16,187,a59  20 
1,8.39.369  14 
21,249.809  99 
35,372,157  20 
28,.5:''^,402  76 
7,061,728  82 
42,958,329  08 

$19,348,521  01 
1,571  ,.362  85 
23,526,256  79 
46,323,138  31 
29.a59,426  86 
7.9.11,704  88 
52,408,226  20 

$17,627,115  09 

1,508,064  27 
30,932,.587  42 
4  2,.3f  13,927  22 
29,038,414  66 

6,n92,462  09 
85,1 41, .593  61 

Indiiiiis  

$153,201,8.56  19 

§180,488,636  90 

§213,2M,164  38 

$117,357,839  72 

$104,750,688  44 

$107,119,815  21 

(0) 


IMPORTANT  STATISTICS. 


MANOFACTURES. 


Total 


value,  gi^oss  p-oductions,  at  the  Censvses 
of  1850,  1860,  and  1870. 


States,  etc. 


Alabama  

Arizona  

Arkansas  

Oalifornia  

Colorati^j  

Connecticut ... 

Dakota  

Delaware  

Dist.  of  Col  

Florida  

Georgia  

Idaho  

Ellinois  

[ndiana  

rowa„  

Kansas  

Kentucki'  

Louisiana  

Maine  

Maryland  

Massachusetts 

Michigan  

Minnesota  

Mississippi  

Missouri  

Montana  

Nebraska  

S^evada  

N.  Hampshire 

New  Jersey  

New  3Lexico... 

New  York  

N'th  Carolina. 

Uhio  

Oregon  

Pennsylvania. 
Hhode  Island.. 
B'th  Carolina.. 

Tennessee  

Texas  

Utah  

Vermont  

Virginia  

West  Virginia 
Washington... 

Wiscojisin  

Wyoming  

Aggregate*. 


§10,.oS8,56fi 


2.'<.v0,5:6 
&<,253,328 


81,924,555 


9,892,9(^2 
5,412,102 
2,447,9i')9 
lti,92.'),564 


42,^03,469 
13,971,32;" 
4,.^')7,40t 

37, 9;;  1.240 

15..>7;47.-, 
3S,193,2.-4 
41,7.-o,157 
255,-545,922 
32,fi5!;,35(i 
3.373,172 
6,590,687 
41,782.731 


607,328 


.37  ,.586, 4.53 
76..3(IH,104 
1,249.123 
378,870,939 
lii,67S,698 
121,691,148 
2,;'76,761 
290,121,188 
4u,7 11,296 
8,615,195 
17,9,-7.225 
6,577.201' 
900,1.53 
14,637,807 
50,652,124 

1,406,921 
27,^49,4l;7 


§4,-305,932,032  §1,885,861,676  §1,019,106,616 


*  Increase :  1860  over  1850,  85  per  cent.;  1S70  over  1850, 
123  per  cent.;  1870  over  1S50,  323  per  cent. 


(9) 


Lowest. 

1872. 

§ 

d 

=  c  —  o 

i 

iisi 

i 

i 

i 

s. 

i 

IJt  £  00 

^  O  N  o 

5 

o 

X 

u: 

ci 

a; 

S  ^  ?: 

-X  1 

•—      -r  —  ^  3 

to  1  "i- 

oc 

OC 

1 

« 

o 

J -2  -"-2 

IMPORTANT  STATISTICS. 


IMPORTANT  STATISTICS. 


327 


THE  CIVIL  RIGHTS  BILL. 


An  Act  to  protect  all  persons  in  the  United  States  in  their  ci-vil 
rights,  and  furnish  the  means  of  their  vindication. 

Be  it  enacted,  ^c,  That  all  persons  born  in  the  United  States  and 
not  subject  to  any  foreign  power,  excluding  Indians,  not  taxed,  are 
hereby  declared  to  be  citizens  of  the  United  States ;  and  such 
citizens  of  every  race  and  color,  without  regard  to  any  previous 
condition  of  slavery  or  involuntary  servitude,  except  as  a  punish^ 
ment  for  crime  whereof  the  party  shall  have  been  duly  convicted, 
shall  have  the  same  right  in  every  State  and  Territory  in  the 
United  States  to  make  and  enforce  contracts;  to  sue,  be  parties, 
and  give  evidence ;  to  inherit,  purchase,  lease,  sell,  hold,  and  con- 
vey real  and  personal  property ;  and  to  full  and  equal  benefit  of 
all  laws  and  proceedings  for  the  security  of  person  and  property 
as  is  enjoyed  by  white  citizens,  and  shall  be  subject  to  like  punish- 
ment, pains,  and  penalties,  and  to  none  other,  any  law,  statute 
ordinance,  regulation,  or  custom,  to  the  contrary  notwithstanding. 

Sec.  2.  That  any  person  who,  under  color  of  any  law,  statute, 
ordinance,  regulation,  or  custom,  shall  subject,  or  cause  to  be  sub- 
jected, any  inhabitant  of  any  State  or  Territory  to  the  deprivation 
of  any  right  secured  or  protected  by  this  act,  or  to  diflferent  pun- 
ishment, pains,  or  penalties  on  account  of  such  person  having  at 
any  time  been  held  in  a  condition  of  slavery  or  involuntary  servi- 
tude, except  as  a  punishment  for  crime  whereof  the  party  shall 
have  been  duly  convicted,  or  by  reason  of  his  color  or  race,  than  is 
prescribed  for  the  punishment  of  white  persons,  shall  be  deemed 
guilty  of  a  misdemeanor,  and,  on  conviction,  shall  be  punished  by 
fine  not  exceeding  one  thousand  dollars,  or  imprisonment  not  ex- 
ceeding one  year,  or  both,  in  the  discretion  of  the  court. 

Seo.  3.  That  the  district  courts  of  the  United  States,  within 
their  respective  districts,  shall  have,  exclusively  of  the  courts  of 
the  several  States,  cognizance  of  all  crimes  and  ofi'ences  committed 
against  the  provisions  of  this  act,  and  also,  concurrently  with  the 
circuit  courts  of  the  United  States,  of  all  causes,  civil  and  crimi- 
nal, affecting  persons  who  are  denied  or  cannot  enforce  in  the 
courts  or  judicial  tribunals  of  the  State  or  locality  where  they  may 
be  any  of  the  rights  secured  to  them  by  the  first  section  of  thi« 
act ;  and  if  any  suit  or  prosecution,  civil  or  criminal,  has  bees  m 
328 


THE  CIVIL  RIGHTS  BILL 


329 


sliall  be  commenced  in  any  State  court  against  any  such  person, 
for  any  cause  whatsoever,  or  against  any  ofiicer,  civil  or  military, 
or  other  person,  for  any  arrest  or  imprisonment,  trespasses,  or 
wrongs  done  or  committed  by  virtue  or  under  color  of  authority 
derived  from  this  act  or  the  act  establishing  a  bureau  for  the  relief 
of  freedmen  and  refugees,  and  all  acts  amendatory  thereof,  or  for 
refusing  to  do  any  act  upon  the  ground  that  it  would  be  inconsist- 
ent with  this  act,  such  defendant  shall  have  the  right  to  remove 
such  cause  for  trial  to  the  proper  district  or  circuit  court  in  the 
manner  prescribed  by  the  "Act  relating  to  habeas  corpus  and  regu- 
lating judicial  proceedings  in  certain  cases,"  approved  March 
three,  eighteen  hundred  and  sixty-three,  and  all  acts  amendatory 
thereof  The  jurisdiction  in  civil  and  criminal  matters  hereby 
conferred  on  the  district  and  circuit  courts  of  the  United  States 
shall  be  exercised  and  enforced  in  conformity  with  the  laws  of  the 
United  States,  so  far  as  such  laws  are  suitable  to  carry  the  same 
into  effect;  but  in  all  cases  where  such  laws  are  not  adapted  to  the 
object,  or  are  deficient  in  the  provisions  necessary  to  furnish  suit- 
able remedies  and  punish  offences  against  law,  the  common  law,  as 
modified  and  changed  by  the  constitution  and  statutes  of  the  State 
wherein  the  court  having  jurisdiction  of  the  cause,  civil  or  criminal, 
is  held,  so  far  as  the  same  is  not  inconsistent  with  the  Constitution 
and  laws  of  the  United  States,  shall  be  extended  to  and  govern 
said  courts  in  the  trial  and  disposition  of  such  cause,  and,  if  of  a 
criminal  nature,  in  the  infliction  of  punishment  on  the  party  found 
guilty. 

Sec.  4.  That  the  district  attorneys,  marshals,  and  deputy  mar- 
shals of  the  United  States,  the  commissioners  appointed  by  the 
circuit  court  and  territorial  courts  of  the  United  States,  with 
power  of  arresting,  imprisoning,  or  bailing  offenders  against  the 
laws  of  the  United  States,  the  officers  and  agents  of  the  Freedmen's 
Bureau,  and  every  other  officer  who  may  be  specially  empowered  by 
the  President  of  the  United  States,  shall  be,  and  they  are  hereby, 
specially  authorized  and  required,  at  the  expense  of  the  United 
States,  to  institute  proceedings  against  all  and  every  person  who 
shall  violate  the  provisions  of  this  act,  and  cause  him  or  them  to 
be  arrested  and  imprisoned,  or  bailed,  as  the  case  may  be,  for  trial 
before  such  court  of  the  United  States  or  territorial  caurt  as  by  this 
act  has  cognizance  of  the  offence.  And  with  a  view  to  affording 
reasonable  protection  to  all  persons  in  their  constitutional  rights 
of  equality  before  the  law,  without  distinction  of  race  or  color,  or 
previous  condition  of  slavery  or  involuntary  servitude,  except  as  a 
punishment  for  crime,  whereof  the  party  shall  have  been  duly  con- 
victed, and  to  the  prompt  discharge  of  the  duties  of  this  act,  it 
shall  be  the  duty  of  the  circuit  courts  of  the  United  States  and  the 
superior  courts  of  the  Territories  of  the  United  States,  from  time 
to  time,  to  increase  the  number  of  commissioners,  so  as  to  afford  a 
speedy  and  convenient  means  for  the  arrest  and  examination  of 
28 


330  THE  CIVTL  RIGHTS  BILL. 

persons  charged  with  a  violation  of  this  act.  And  such  commis. 
sioners  are  hereby  authorized  and  required  to  exercise  and  Z- 
charge  all  the  powers  and  duties  conferred  oh  them  by  this  aS, 
-  and  the  same  duties  with  regard  to  offences  created  by  this  act  as 
they  are  authorized  by  law  to  exercise  with  regard  to  other  offences 
against  the  laws  of  the  United  States.  onences 

rr^^r^iJ'i  '^Y^      '^^^  ^^^y  marshals  and  deputy 

marsha  s  to  obey  and  execute  all  warrants  and  precepts  issued 
under  the  provisions  of  this  act,  when  to  them  directed ;  and  should 
any  marshal  or  deputy  marshal  refuse  to  receive  such  warrant  or 
other  process  when  tendered,  or  to  use  all  proper  means  diligently 
^V^^^'  conviction  thereof,  be  fined  in  the 
sum  of  one  thousand  dollars,  to  the  use  of  the  person  upon  whom 
the  accused  is  alleged  to  have  committed  the  offence/ And 
UhSnll.ZTJ^-  '.r^  .<'«-^if«ioners  to  execute  their  duties 
the  Sl  SMt.l  '/^i^'  m  conformity  with  the  Constitution  of 
tne  United  fetates  and  the  requirements  of  this  act.  they  are  hereby 
authorized  and  empowered,  within  their  counties  respectively  to 
Sri'  ZlT^'^l  '^'^^  «r  ^^re  suitable 

Srnnp^fVw        V""'  ^'"^^^  Warrants  and  other 

process  that  may  be  issued  by  them  in  the  lawful  performance  of 
their  respective  duties;  and  the  persons  so  appointed  to  execute 
any  warran  or  process  as  aforesaid  shall  have  authority  to  sum- 
Tp  V^''"*  ^'i^^'  bystanders  or  the  posse  coiitatus  of, 
th!  TlX^  ^'  P^^^o^^  of  the  land  and  naval  forces  of 
the  United  States  or  of  the  militia,  as  may  be  necessary  to  the 
performance  of  the  duty  with  which  they  are  charged,^and  to 
insure  a  faithful  observance  of  the  clause  of  the  Constitution  which 
prohibits  slavery,  in  conformity  with  the  provisions  of  this  act; 
and  said  warrants  shall  run  and  be  executed  by  said  officers  anyl 
where  in  the  State  or  Territory  within  which  they  are  issued.  ^ 
.T.of  ?*  i.-^  ^""^  P^''^'^''  ^^"^  ^^^^1  knowingly  and  wilfully 
whh'?h'h       f  or  other  person  charged 

l^TnTif  1^  '  ^"".^"^  P""'^^  persons  ,  lawfully  assisting 
him  or  them  from  arresting  any  person  for  whose  apprehension 
such  warrant  or  process  may  have  been  issued,  or  shall  rescue  or 
attempt  to  rescue  such  person  from  the  custody  of  the  officer  other 
person  or  persons  or  those  lawfully  assisting  as  aforesaid,  when  so 
arrested  pursuant  to  the  authority  herein  given  and  declared,  or 

J^^lli  '  •  ""l  ^'"'"^  ^""^  P^^'°^  ^0  arrested  as  aforesaid, 
directly  or  indirectly,  to  escape  from  the  custody  of  the  officer  oi 
other  person  legally  authorized  as  aforesaid,  or  shall  harbor  or 
conceal  any  person  for  whose  arrest  a  warrant  or  process  shall 
«?Zf«f  ^^T'^^^f  P^^^^^*'        discovery  and 

hlll  if  7  .""""^T       ^^r^'^^"  ^^^^  t^^t  a  warrant  has 

been  issued  for  the  apprehension  of  such  person,  shall,  for  either 
of  said  offences,  be  subject  to  a  fine  not  exceeding  one  thousand 


THE  CT-'T'TL  RIGHTS  BTLl. 


331 


dollars,  and  imprisonment  not  exceeding  six  months,  by  Indictment 

and  conviction  before  the  district  court  of  the  United  States  for 
the  district  in  which  said  offence  may  have  been  committed,  or 
before  the  proper  court  of  criminal  jurisdiction,  if  committed 
within  any  one  of  the  organized  Territories  of  the  United  States. 

Sec.  7.  That  the  district  attorneys,  the  marshals,  their  deputies, 
and  the  clerks  of  the  said  district  and  territorial  courts  shall  be 
paid  for  their  services  the  like  fees  as  may  be  allowed  to  them  for 
similar  services  in  other  cases  ;  and  in  all  cases  where  the  pro- 
ceedings are  before  a  commissioner,  he  shall  be  entitled  to  a  fee  of 
ten  dollars  in  full  for  his  services  in  each  case,  inclusive  of  all 
services  incident  to  such  arrest  and  examination.  The  person  or 
persons  authorized  to  execute  the  process  to  be  issued  by  such 
commissioners  for  the  arrest  of  offenders  against  the  provisions  of 
this  act  shall  be  entitled  to  a  fee  of  five  dollars  for  each  person  he 
or  they  may  arrest  and  take  before  any  such  commissioner  as 
aforesaid,  with  such  other  fees  as«  may  be  deemed  reasonable  by 
such  commissioner  for  such  other  additional  services  as  may  be 
necessarily  performed  by  him  or  them,  such  as  attending  at  the 
examination,  keeping  the  prisoner  in  custody,  and  providing  him 
with  food  and  lodging  during  his  detention,  and  until  the  final 
determination  of  such  commissioner,  and  in  general  for  performing 
such  other  duties  as  may  be  required  in  the  premises ;  such  fees  to 
be  made  up  in  conformity  with  the  fees  usually  charged  by  the 
ofiicers  of  the  courts  of  justice  within  the  proper  district  or  county, 
as  near  as  may  be  practicable,  and  paid  out  of  the  treasury  of  the 
United  States  on  the  certificate  of  the  judge  of  the  district  within 
which  the  arrest  is  made,  and  to  be  recoverable  from  the  defendant 
as  part  of  the  judgment  in  case  of  conviction. 

Sec.  8.  That  whenever  the  President  of  the  United  States  shall 
have  reason  to  believe  that  offences  have  been,  or  are  likely  to  be 
committed  against  the  provisions  of  this  act  within  any  judicial 
district,  it  shall  be  lawful  for  him,  in  his  discretion,  to  direct  the 
judge,  marshal,  and  district  attorney  of  such  district  to  attend  at 
such  place  within  the  district,  and  for  such  time  as  he  may  desig- 
nate, for  the  purpose  of  the  more  speedy  arrest  and  trial  of  persona 
charged  with  a  violation  of  this  act;  and  it  shall  be  the  duty  of 
every  judge  ot-  other  officer,  when  any  such  requisition  shall  be 
received  by  him,  to  attend  at  the  place  and  for  the  time  therein 
designated. 

Sec.  9.  That  it  shall  be  lawful  for  the  President  of  the  United 
States,  or  such  person  as  he  may  empower  for  that  purpose,  to 
employ  such  part  of  the  land  or  naval  forces  of  the  United  States, 
or  of  the  militia,  as  shall  be  necessary  to  prevent  the  violation  and 
enforce  the  due  execution  of  this  act. 

Sec.  10,  That  upon  all  questions  of  law  arising  in  any  cause 
under  the  provisions  of  this  act,  a  final  appeal  maybe  taken  to  the 
Supreme  Court  of  the  United  States. 

The  Bill  passed  in  the  Senate  over  the  President's  veto  by  the 
vote  of  33  yeas  to  15  nays,  and  in  the  House  by  122  yeas  to  41 
nays. 


THE  TENDRE-OF-OFFICE  BILL. 

(PASSED*  MARCH  2,  1867.) 


Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled^  That  every  person  holding 
any  civil  ofiSce  to  which  he  has  been  appointed  by  and  with  the 
advice  and  consent  of  the  Senate,  and  every  person  who  shall  here- 
after be  appointed  to  any  such  office,  and  shall  become  duly  quail" 
fied  to  act  therein,  is,  and  shall  be  entitled  to  hold  such  office  until 
a  successor  shall,  in  like  manner,  have  been  appointed  and  duly 
qualified,  except  as  herein  otherwise  provided :  Provided^  That  the 
Secretaries  of  State,  of  the  Treasury,  of  War,  of  the  Navy,  and  of 
the  Interior,  the  Postmaster-General,  and  the  Attorney-General 
shall  hold  their  offices  respectively  for  and  during  the  term  of  the 
President  by  whom  they  may  have  been  ippointed,  and  for  one 
month  thereafter,  subject  to  removal  by  and>with  the  advice  and 
consent  of  the  Senate. 

Sec.  2.  That  when  any  officer,  appointed  as  aforesaid,  excepting 
Judges  of  the  United  States  Courts,  shall,  during  a  recess  of  the 
Senate,  be  shown,  by  evidence  satisfactory  to  the  President  to  be 
guilty  of  misconduct  in  office,  or  crime,  or  for  any  reason  shall  be- 
come incapable  or  legally  disqualified  to  perform  its  duties,  in  such 
case,  and  in  no  other,  the  President  may  suspend  such  officer  and 
designate  some  suitable  person  to  perform  temporarily  the  duties 
of  such  office  until  the  next  meeting  of  the  Senate,  and  until  the 
case  shall  be  acted  upon  by  the  Senate,  and  such  person  so  de- 
signated, shall  take  the  oaths  and  give  the  bonds  required  by  law 
to  be  taken  and  given  by  the  person  duly  appointed  to  fill  such 
office,  and  in  such  case  it  shall  be  the  duty  of  the  President, 
within  twenty  days  after  the  first  day  of  such  next  meeting  of  the 
Senate,  to  report  to  the  Senate  such  suspension  with  the  evidence 
and  reasons  for  his  actions  in  the  case,  and  the  name  of  the  person 
so  designated  to  perform  the  duties  of  such  office.  And  if  the 
Senate  shall  concur  in  such  suspension,  and  advise  and  consent  to. 
the  removal  of  such  officer,  they  shall  so  certify  to  the  President, 
who  may  thereupon  remove  such  officer,  and  by  and  with  the  advice 
and  consent  of  the  Senate,  appoint  another  person  to  such  office. 
But  if  the  Senate  shall  refuse  to  concur  in  such  suspension,  such 
officer  so  suspended  shall  forthwith  resume  the  functions  of  his 
office,  and  the  powers  of  the  person  so  performing  its  duties  in  h'is 
Btead  shall  cease,  and  the  official  salary  and  emoluments  of  such 
officer  shall,  during  such  suspension,  belong  to  the  person  so  per- 
332 


THE  TENURE-OF-OFFICE  BILL. 


333 


forming  the  duties  thereof,  and  not  to  the  officer  so  suspended: 
Provided^  however^  That  the  President  in  case  he  shall  become  satis- 
fied that  such  suspension  was  made  on  insufficient  grounds  shall 
be  authorized  at  any  time  before  reporting  such  suspension  to  the 
Senate,  as  above  provided,  to  revoke  such  suspension  and  reinstate 
such  officer  in  the  performance  of  the  duties  of  his  office. 

Sec.  3.  That  the  President  shall  have  power  to  fill  all  vacancies 
which  may  happen  during  the  recess  of  the  Senate  by  reason  of 
death  or  resignation,  by  granting  commissions  which  shall  expire 
at  the  end  of  their  next  session  thereafter.  And  if  no  appointment 
by  and  with  the  advice  and  consent  of  the  Senate  shall  be  made  to 
such  office  so  vacant  or  temporarily  filled  as  aforesaid,  during  such 
next  session  of  the  Senate,  such  office  shall  remain  in  abeyance 
without  any  salary,  fees,  or  emoluments  attached  thereto  until  the 
same  shall  be  filled  by  appointment  thereto  by  and  with  the  advice 
and  consent  of  the  Senate,  and  during  such  time  all  the  powers 
and  duties  belonging  to  such  office  shall  be  exercised  by  such  other 
officer  as  may  by  law  exercise  such  powers  and  duties  in  case  of  a 
vacancy  in  such  office. 

Sec.  4.  That  nothing  in  this  act  contained  shall  be  construed  to 
extend  the  term  of  any  office,  the  duration  of  which  is  limited  by 
law. 

Sec.  5.  That  if  any  person  shall,  contrary  to  the  provisions  of 
this  act,  accept  any  appointment  to,  or  employment  in,  any  office, 
or  shall  hold  or  exercise,  or  attempt  to  hold  or  exercise  any  such 
office  or  employment,  he  shall  be  deemed,  and  is  hereby  declared 
to  be  guilty  of  a  high  misdemeanor,  and  upon  trial  and  conviction 
thereof,  he  shall  be  punished  therefor  by  a  fine  not  exceeding  ten 
thousand  dollars,  or  by  imprisonment  not  exceeding  five  years,  or 
both  said  punishments,  in  the  discretion  of  the  court. 

Sec.  6.  That  every  removal,  appointment,  or  employment  made, 
had,  or  exercised  contrary  to  the  provisions  of  this  act,  and  the 
making,  signing,  sealing,  countersigning,  or  issuing  of  any  com- 
mission or  letter  of  authority  for  or  in  respect  to  any  such  appoint- 
ment or  employment,  shall  be  deemed  and  are  hereby  declared  to 
be  high  misdemeanors,  and  upon  trial  and  conviction  thereof,  every 
person  guilty  thereof  shall  be  punished  by  a  fine  not  exceeding  ten 
thousand  dollars,  or  by  imprisonment  not  exceeding  five  years,  or 
both  said  punishments  in  the  discretion  of  the  court :  Provided,  That 
the  President  shall  have  power  to  make  out  and  deliver  after  the 
adjournment  of  the  Senate,  commissions  for  all  officers  whose  ap 
pointments  shall  have  been  advised  and  consented  to  by  the 
Senate. 

Sec  7.  That  it  shall  be  the  duty  of  the  Secretary  of  the  Senate, 
at  the  close  of  each  session  thereof,  to  deliver  to  the  Secretary  of 
the  Treasury,  and  to  each  of  his  assistants,  and  to  each  of  th€ 
auditors,  and  to  each  of  the  comptrollers  in  the  treasury,  and  to 
the  treasurer  and  to  the  register  of  the  treasury,  a  full  and  com- 


334  THB  TENURE-OF-OFFICE  BILL. 

plete  list,  duly"  certified,  of  all  the  persons  who  shall  ha-ve  been 
nominated  to  and  rejected  by  the  Senate  during  such  session,  and 
a  like  list  of  all  the  offices  to  which  nominations  shall  have  been 
made  and  not  confirmed  and  filled  at  such  session. 

Sec.  8.  That  whenever  the  President  shall,  without  the  advice 
and  consent  of  the  Senate,  designate,  authorize,  or  employ  any  per- 
son to  perform  the  duties  of  any  office,  he  shall  forthwith  notify 
the  Secretary  of  the  Treasury  thereof,  and  it  shall  be  the  duty  of 
the  Secretary  of  the  Treasury  thereupon  to  communicate  such  no- 
department       P^^P®^  accounting  and  disbursing  officers  of  hia 

Sbo.  9.  That  no  money  shall  be  paid  or  received  from  the  Treas- 
ury or  paid  or  received  from  or  retained  out  of  any  public  moneys 
or  funds  of  the  United  States,  whether  in  the  Treasury  or  not  to 
or  by  or  for  the  benefit  of  any  person  appointed  to  or  authorized 
to  act  m  or  holding  or  exercising  the  duties  or  functions  of  any 
office  contrary  to  the  provisions  of  this  act,  nor  shall  any  claini 
account,  voucher,  order,  certificate,  warrant,  or  other  instrument 
providing  for  or  relating  to  such  payment,  receipt,  or  retention,  be 
presented,  passed,  allowed,  ^proved,  certified,  or  paid  by  any 
officer  of  the  United  States  or  by  any  person  exercising  the  func- 
tions or  performing  the  duties  of  any  office  or  place  of  trust  under 
the  United  States  for  or  in  respect  to  such  office  or  the  exercising 
or  performing  the  functions  or  duties  thereof;  and  every  person 
•who  shall  violate  any  of  the  provisions  of  this  section,  shall  be 
guilty  of  a  high  misdemeanor,  and  upon  trial  and  conviction 
thereof,  shall  be  punished  therefor  by  a  fine  not  exceeding  ten 
thousand  dollars,  or  by  imprisonment  not  exceeding  ten  years,  oi 
both  said  puDishments  in  the  discretion  of  the  court. 


PLATFORMS  OF  1860-1864. 


PLATFORM  OF  THE  BRECKINRIDGE  PARTY  OF  1860. 

R&solved^  That  the  platform  adopted  by  the  Democratic  party 
at  Cincinnati  be  affirmed,  with  the  following  explanatory  reso- 
lutions : 

1.  That  the  government  of  a  territory  organized  by  an  act  of 
Congress  is  provisional  and  temporary,  and  during  its  existence 
all  citizens  of  the  United  States  have  an  equal  right  to  settle 
with  their  property  in  the  territory,  without  their  rights,  either 
m  person  or  property,  being  destroyed  by  congressional  or  ter- 
ritorial legislation. 

2.  That  it  is  the  duty  of  the  Federal  Government,  in  all  its 
departments,  to  protect  the  rights  of  persons  and  property  in 
the  territories,  and  wherever  else  its  constitutianai  authority 
extends. 

3.  That  when  the  settlers  in  a  territory,  having  an  adequate 
population,  form  a  State  Constitution,  the  right  of  sovereignty 
commences,  and  being  consummated  by  their  admission  into 
the  Union,  they  stand  on  an  equality  with  the  people  of  other 
btates,  and  a  State  thus  organized  ought  to  be  admitted  into  the 
1^  ederal  Union,  whether  its  constitution  prohibits  or  recognizes 
the  institution  of  slavery. 

4  That  the  Democratic  party  are  in  favor  of  the  acquisition 
ot  Cuba,  on  such  terms  as  shall  be  honorable  to  ourselves  and 
just  to  Spain,  at  the  earliest  practicable  moment. 
c  J?*^*  enactments  of  State  Legislatures  to  defeat  the 
faithful  execution  of  the  Fugitive  Slave  Law  are  hostile  in 
character,  subversive  of  the  Constitution,  and  revolutionary  in 
their  effect. 

6.  That  the  Democracy  of  the  United  States  recognize  it  as 
an  imperative  duty  of  the  government  to  protect  the  naturalized 
citizen  m  all  his  rights,  whether  at  home  or  in  foreign  lands,  to 
the  same  extent  as  its  native  born  citizens. 

Whereas,  One  of  the  greatest  necessities  of  the  age,  in  a 
political,  commercial,  postal,  and  military  point  of  view,  is  a 
speedy  communication  between  the  Pacific  and  Atlantic  coasts: 
therefore,  be  it  resolved,  ' 


335 


336 


PLATFORMS  OF  1860-1864. 


7.  That  the  National  Democratic  party  do  hereby  pledge  them- 
selves to  use  every  means  in  their  power  to  secure  the  passage 
of  some  bill,  to  the  extent  of  the  Constitutional  authority  by 
Congress,  for  the  construction  of  a  railroad  to  the  Pacific  Ocean, 
at  the  earliest  practicable  moment. 

PLATFORM  OF  THE  DOUGLAS  PARTY  OF  1860. 

Resolved^  That  we,  the  Democracy  of  t])e  Union  in  Conven- 
tion assembled,  hereby  declare  our  affirmation  of  the  resolutions 
unanimiously  adopted  and  declared  as  a  platform  of  principles 
by  the  Democratic  Convention  at  Cincinnati,  in  the  year  1856, 
believing  that  Democratic  principles  are  unchangable  in  their 
nature  when  applied  to  the  same  subject  matter,  and  we  recom- 
mend as  our  only  further  resolutions  the  following: 

That  inasmuch  as  differences  of  opinion  exist  in  the  Demo- 
cratic party  as  to  the  nature  and  extent  of  the  powers  of  a  Ter- 
ritorial Legislature,  and  as  to  the  powers  and  duties  of  Con- 
gress, under  the  Constitution  of  the  United  States,  over  the 
institution  of  slavery  in  the  territories; 

Resolved,  That  the  Democratic  party  will  abide  by  the  decis- 
ion of  the  Supreme  Court  of  the  United  States  over  the  institu- 
tion of  slavery  in  the  territories. 

Resolved,  That  it  is  the  duty  of  the  United  States  to  afford 
ample  and  complete  protection  to  all  its  citizens,  at  home  or 
abroad,  and  whether  native  or  foreign  born. 

Resolved,  That  one  of  the  necessities  of  the  age,  in  a  military, 
commercial,  and  postal  point  of  view,  is  a  speedy  communication 
between  the  Atlantic  and  Pacific  States,  and  the  Democratic 
party  pledge  such  constitutional  enactment  as  will  insure  the 
construction  of  a  railroad  to  the  Pacific  coast  at  the  earliest 
practical  period. 

Resolved,  That  the  Democratic  party  are  in  favor  of  the  ao- 
quisition  of  the  Island  of  Cuba,  on  such  terms  as  shall  be  hon- 
orable to  ourselves  and  just  to  Spain. 

Resolved,  That  the  enactments  of  State  Legislatures  to  defeat 
the  faithful  execution  of  the  Fugitive  Slave  Law  are  hostile  in 
character,  subversive  to  the  Constitution,  and  revolutionary  in 
their  effect. 

Resolved,  That  it  is  in  accordance  with  the  Cincinnati  Plat- 
form, that  during  the  existence  of  Territorial  Governments,  the 
measure  of  restriction,  whatever  it  may  be,  imposed  by  the  Fed 
eral  Constitution  on  the  power  of  the  Territorial  Legislature 
over  the  subject  of  the  domestic  relations,  as  the  same  has  been 
or  shall  hereafter  be  decided  by  the  Supreme  Court  of  the  Uni- 
ted States,  should  be  respected  by  all  good  citizens,  and  enforced 


PLATFORMS  OF  1860-1864,  337 
Go?ernmTnt"^^*  and  fidelity  by  every  branch  of  the  General 

THE  REPUBLICAN  PLATFORM  OF  1860. 

Resolved  That  we,  the  delegated  representatives  of  the  Re- 
publican electors  of  the  United  .States,  in  Convention  assembled, 
m  the  discharge  of  the  duty  we  owe  to  our  constituents  and  our 
country,  unite  in  the  following  resolutions: 

1.  That  the^history  of  the  nation  during  the  last  four  years 
Has  tuJy  established  the  propriety  and  necessity  of  the  organi- 
sation and  perpetuation  of  the  Republican  party,  and  that  the 
causes  which  called  it  into  existence  are  permanent  in  their 
nature,  and  now,  more  than  ever,  demand  its  peaceful  and  con- 
stitutional triumph. 

maintenance  of  the  principles  promulgated  in 
the  Declaration  of  Independence,  and  embodied  in  the^ederal 
Constitution,  that  "all  men  are  created  equal;  that  they  are 
endowed  by  their  Creator  with  certain  inalienable  rights,  among 
.  which  are  those  of  life,  liberty  and  the  pursuit  of  happiness^ 
and  that  Governments  are  instituted  among  men  to  secure  the 
enjoymeutof  these  rights,  deriving  their  jus*  power  from  the 
consent  of  the  governed  —are  essential  to  the  preservation  of 
our  repubhcan  institutions,  and  that  the  Federal  Constitution 
the  rights  of  the  btates,  and  the  union  of  the  States,  must  and 
shall  be  preserved. 

3.  That  to  the  union  of  the  States  this  nation  owes  its  -ajipre- 
cedented  increase  in  population,  its  surprising  development 
material  resources;  its  rapid  augmentation  of  wealth ;  its  han- 
piness  at  home  and  its  honor  abroad;  and  we  hold  in  abhor- 
rence  ail  schemes  for  disunion,  come  from  whatever  source  they 
may;  and  we  congratulate  the  country  that  no  Republican  mem- 
ber ot  Congress  has  uttered  or  countenanced  the  threats  of  dig- 
union  as  often  made  by  the  Democratic  members  of  Congress, 
without  rebuke  and  with  applause  from  their  political  associates 
and  we  denounce  those  threats  of  disunion  in  case  of  a  popular 
nf  T  fv'rp  ^r«°d/°«y'  ^«  denying  the  vital  principles 

ot  a  tree  Government,  and  as  anavowalof  contemplated  treason 

of  an  indignant  people  sternly 

n  J"  I^^f-^^  maintenance  inviolate,  of  the  rights  of  the  States, 
and  especia  ly  of  each  State,  to  order  and  control  its  own  do^ 
mestic  ms  itutions  according  to  its  own  judgment  exclusively. 
IS  essential  to  that  balance  of  power  on  which  the  perfection 
and  endurance  of  our  political  fabric  depends ;  and  we  denounce 
khe  lawiess  invasion  by  armed  tor^e  of  the  soii  of  any  State  oX 
29 


338 


PLATFORMS  OF  1860-1864. 


Territory,  no  matter  under  what  pretext,  as  one  of  the  gravest 
of  crimes. 

5.  That  the  present  Democratic  Administration  has  far  ex- 
ceeded our  worst  apprehensions  in  the  measureless  subserviency 
to  the  exactions  of  a  sectional  interest,  as  especially  evinced  in 
its  desperate  exertions  to  force  the  infamous  Lecompton  Consti 
tution  upon  the  protesting  people  of  Kansas,  construing  the 
relation  betw^een  master  and  servant  to  involve  an  unqualified 
property  in  persons ;  in  its  attempted  enforcement  everywhere, 
on  land  and  sea,  through  the  intervention  of  Congress  and  of 
the  Federal  Courts,  of  the  extreme  pretensions  of  a  purely  local 
interest ;  and  in  its  general  and  unvarying  abuse  of  the  power 
entrusted  to  it  by  a  confiding  people. 

6.  That  the  people  justly  view  with  alarm  the  reckless  ex- 
travagance which  pervades  every  department  of  the  Federal 
Government.  That  a  return  to  right  economy  and  accounta- 
bility is  indispensible  to  arrest  the  plunder  of  the  public  treas- 
ury by  favored  partisans,  while  the  recent  startling  developments 
of  frauds  and  corruption  at  the  Federal  metropolis  show  that 
an  entire  change  of  administration  is  imperatively  demanded, 

7.  That  the  new  dogma  that  the  Constitution  of  its  own  force 
carries  slavery  rnto  any  or  all  the  Territories  of  the  United 
States,  iq  a  dangerous  political  heresy,  at  variance  with  the  ex- 
plicit provisions  of  that  instrument  itself,  with  cotemporaneous 
exposition,  and  with  legislative  and  judicial  precedents,  that  it 
is  revolutionary  in  its  tendency  and  subversive  of  the  peace  and 
ha,rmony  of  the  country. 

8.  That  the  nominal  condition  of  all  the  territory  of  the 
United  States  is  that  of  freedom;  that  as  our  Republican  fathers, 
when  they  had  abolished  slavery  in  all  our  national  territory, 
ordained  that  no  person  should  be  deprived  of  life,  liberty  or 

{)roperty  without  due  process  of  law,  it  becomes  our  duty  by 
egislation,  whenever  such  legislation  is  necessary,  to  maintain 
this  provision  of  the  Constitution  against  all  attempts  to  violate 
it;  and  we  deny  the  authority  of  Congress,  or  a  Territorial 
Legislature,  or  of  any  individual,  to  give  legal  existence  to 
slavery  in  any  Territory  of  the  United  States. 

9.  That  we  brand  the  recent  re-opening  of  the  African  Slave 
Trade,  under  the  cover  of  our  national  flag,  aided  by  perversionf 
of  judicial  power,  as  a  crime  against  humanity,  and  a  burning 
shame  to  our  country  and  age;  and  we  call  upon  Congress  to 
take  prompt  and  ef&cient  measures  for  the  total  and  final  sup- 
pression of  that  execrable  traffic. 

10.  That  in  the  recent  vetoes  by  their  Federal  Governors  of 
the  acts  of  the  Legislatures  of  Kansas  and  Nebraska,  prohibit- 
ing slavery  in  these  Territories,  we  find  a  practical  illustration 
of  the  boasted  Democratic  principles  of  non-intervention  and 


PLATFORMS  OP  1860-1864.  339 

Popular  Sovereignty,  embodied  in  tho  Kansas-Nebraska  bill 
and  a  demonstration  of  the  deception  and  fraud  involved 
therein. 

11.  That  Kansas  should,  of  right,  be  immediately  admitted  aa 
a  btate  under  the  Constitution  recently  formed  and  adopted  by 
her  people,  and  accepted  by  the  House  of  Representatives. 

12.  That  while  providing  revenue  for  the  support  of  the  Gen- 
eral Government,  by  duties  upon  imports,  sound  policy  requires 
such  an  adjustment  of  these  imports  as  to  encourage  the  devel- 
opment of  the  industrial  interests  of  the  whole  country,  and  we 
commend  that  policy  of  National  Exchange  which  secures  to 
the  working  men  liberal  wages,  agriculture  remunerative  prices, 
to  merchants  and  manufacturers  an  adequate  reward  for  their 
Bkill,  labor  and  enterprise,  and  to  the  nation  commercial  pros- 
perity and  independence. 

13.  That  we  protest  against  any  sale  or  alienation  to  others 
ot  the  pubhc  lands  held  by  actual  settlers,  and  against  any  view 
ot  the  free  homestead  policy,  which  regards  the  settlers  as 
paupers  or  supphants  for  public  bounty,  and  we  demand  the 
passage  by  Congress  of  the  complete  and  satisfactory  homestead 
measure  which  has  already  passed  the  House. 

14.  That  the  National  Republican  party  is  opposed  to  any 
^  u°  naturalization  laws,  or  any  State  Legislation,  by 
which  the  rights  of  citizenship  hitherto  accorded  to  immigrants 
from^  foreign  lands  shall  be  abridged  or  impaired,  and  in  favor 
ot  giving  a  full  and  efficient  protection  to  the  rights  of  all  classes 
ot  citizens,  whether  native  or  naturalized,  both  at  home  and 
abroad. 

15.  That  appropriations  by  Congress  for  river  and  harbor  im- 
provements of  a  national  character,  is  required  for  the  accommo- 
dation and  security  of  an  existing  commerce,  or  authorized  by 
the  Constitution  and  justified  by  the  obligation  of  the  Govern- 
ment to  protect  the  lives  and  property  of  its  citizens. 

16  That  a  railroad  to  the  Pacific  ocean  is  imperatively  de- 
manded by  the  interests  of  the  whole  country;  and  that  the 
l^ederal  Government  ought  to  render  immediate  and  efficient  aid 
m  Its  construction,  and  that  preliminary  thereto,  a  daily  over- 
land mail  should  be  promptly  established. 

17.  Finally,  having  thus  &et  forth  our  distinctive  principles 
jnd  views,  we  invite  the  co-operation  of  all  citizens,  however 
diliering  in  other  questions,  who  substantiaUy  agree  with  us  in 
their  affirmance  and  support.  ' 


PLATFORM  OF  THE  NATIONAL  CONSTITUTIONAL  PARTY  OF  I860. 

The  Union,  the  Constitution  and  the  Laws. 


340 


PLATFORMS   OP  1860-1864. 


imiON  PLATFORM,  ADOPTED  AT  BALTIMORE  JUNE  8,  18^4. 

Resolved,  That  it  ts  the  highest  duty  of  every  American  citi 
sen  to  maintain  against  all  its  enemies,  the  integrity  of  the 
Union,  and  the  paramount  authority  of  the  Constitution  and 
hiws  of  the  United  States,  and  that,  laying  all  political  opinions 
aside,  we  pledge  ourselves,  as  Union  men,  animated  by  a  com- 
mon sentiment;  and  aiming  at  a  common  object,  to  do  everything 
in  our  power  to  aid  the  Government  in  quelling,  by  force  of 
arms,  the  rebellion  now  raging  against  its  authority,  and  bring- 
it-  to  the  punishment  due  to'  their  crimes,  the  rebels  and 
t^'aitors  arrayed  a^^ainst  it. 

Rpsolved  Tliat  we  approve  the  det-ermination  of  the  Govern- 
ment of  the  United  States  not  to  compromise  with  rebels,  or  to 
olfer  any  terms  of  pe-iiee,  except  such  as  may  be  based  upon  an 
URCondidonal  surrender  of  their  hostility,  &c.,  and  a  return  to 
their  just  allegiance  to  the  Constitution  and  laws  of  the  United 
States,  and  th&^t  we  call  upon  the  Government  to  maintain  this 
position,  and  to  prosecute  the  war  with  the  utmost  possible 
viijor  to  the  complete  suppression  of  the  rebellion,  in  full  reli- 
am^e  upon  the  self-sacrifices,  the  patriotism,  the  heroic  valur, 
an.]  thp  undying  devotion  of  the  American  people  to  their 
oiiunn  v  and  iW  free  institutions. 

Resul.ced,  That  slavery  was  the  cause  and  now  constitutes 
the  strength  of  the  rebellion,  and  that  as  it  must  be  always  and 
everywhe're  hostile  to  the  principles  of  Republican  Govern- 
ments, justice  and  the  national  safety  demand  its  utter  and 
complete  extirpation  from  the  soil  of  the  Republic,  and  that  we 
uphold  and  maintain  the  acts  and  proclamations,  by  which  the 
GovernDir.n*;,  in  its  own  defence,  has  aimed  a  death  blow  at  this 
gigantic  <Bvil.  We  are  in  favor,  furthermore,  of  such  an  amend- 
ment to  ihe  Constitution,  to  be  made  by  the  people  in  conformit) 
with  itft  provisions,  as  shall  terminate  and  forever  prohibit  the 
existeT.oe  of  slavery  within  the  limits  of  the  jurisdiction  of  th<. 
United  States. 

Resolved,  That  the  thanks  of  the  American  people  are  due  tc 
the  soldiers  and  sailors  of  the  army  and  navy,  who  have  periled 
their  lives  in  defence  of  their  country,  and  in  vindication  of 
the  honor  of  the  flag;  that  the  nation  owes  them  some  perma- 
nent recognition  of  their  patriotism  and  their  valor,  and  ample 
and  permanent  provision  for  those  of  their  survivors  who  have 
received  disabling  and  honorable  wounds  in  the  service  of  their 
country,  and  that  the  memories  of  those  who  have  fallen  in  its 
defense  shall  be  held  in  grateful  and  everlasting  remembrance. 

Resolved,  That  we  approve  and  applaud  the  political  wisdom, 
the  unselfish  patriotism  and  unswerving  fidelity  to  the  Consti 
fcution  and  the  principles  of  American  liberty    with  which 


PLATFORMS  OF  1860-1864  341 

Abraham  Lincoln  has  discharged,  under  circumstances  of  un- 
paralelled  difficulty,  the  great  duties  and  responsibilities  of  the 
J^residential  office;  that  we  approve  and  endorse,  as  demanded 
by  the  emergency  and  essential  to  the  preservation  of  the 
nation,  and  as  within  the  Constitution,  the  measures  and  acts 
which  he  has  adopted  to  defend  the  nation  against  its  open  and 
secret  foes;  especially  the  Proclamation  of  Emancipation,  and 
the  employment,  as  Union  soldiers,  of  men  heretofore  held  in 
slavery,  and  that  we  have  full  confidence  in  his  determination 
to  carry  these  and  all  other  Constitutional  measures,  essential 
to  the  salvation  of  the  country,  into  full  and  complete  effect. 

Ee,olved,  That  we  deem  it  essential  to  the  general  welfare, 
that  harmony  should  prevail  in  the  national  councils,  and  we 
regard  as  worthy  of  public  confidence  and  official  trust  those 
only  wno  cordially  endorse  the  principle  proclaimed  in  these 
resolutions,  and  which  should  characterize  the  administration 
01  the  (jrovernment. 

Resolved,  That  the  Government  owes  to  all  men  employed  in 
Its  armies,  without  distinction  of  color,  the  full  protection  of 
tUe  laws  of  war,  and  any  violation  of  these  laws  and  of  the 
usages  of  civilized  nations  in  the  time  of  war,  by  the  rebels 

reTress  '^^^^'^      ^^^^^^^  P^^^P* 

That  the  foreign  immigration,  which  in  the  past 
has  added  so  much  to  the  wealth  and  development  of  resources 
and  increase  of  power  to  this  nation,  the  asylum  of  the  op- 
pressed of  all  nations,  should  be  fostered  and  encouraged  by  a 
liberal  and  just  policy.  ^  ^ 

Resolved  That  we  are  in  favor  of  the  speedy  construction  of 
the  railroad  to  the  Pacific.  ^     J    "  anuouon  oi 

Jif^^olved  That  the  national  faith  is  pledged  for  the  redemption 
rnlr^     ^'^^  ^"^^  T''      ^^P^  mviol^te;  and  that  for  tMs 
fhP  Chl,-r  "'"Tf economy  and  rigid  responsibilities  in 
«^;nr  fl  .  ^".^  ^  just  system  of  tax- 

rr.^t^'iu^f'J^^^  we  approve  the  position  taken  by  the  Govern- 

with  'inH^ff        P!?^'^'  ^^'^^  U"'^^^  can  never  regard 

with  indifference  the  attempt  of  European  power  to  overthrow 
by  force,  or  to  supplant  by  fraud,  the  institutions  of  any  RepuT 
luvf™?'"'*  Continent,  and  that  they  will 

ren^Pnn.  v"'''''"^""'^'  ^'^^^^^^  ^^e  peace  and  inde- 
pendence of  this  our  country,  the  efforts  of  any  such  nower  to 
obtain  new  footholds  for  monarchical  governments  sustained  by 
a  foreign  mihtary  force  in  near  proximiry  to  the  United  States 


342 


PLATFORMS  OP  1860-1864. 


FREMONT  PLATFORM,  ADOPTED  AT  CLBVFiLAND,  MAY  31,  1864. 

1.  That  the  Federal  Union  must  be  preserved. 

2.  That  the  Constitution  and  laws  of  the  United  States  must 
be  observed  and  obeyed. 

3.  That  the  rebellion  must  be  suppressed  by  the  force  of  arms, 
and  without  compromise. 

4.  That  the  rights  of  Free  Speech,  Free  Press,  and  the  Habeaa 
Corpus  must  be  held  inviolate,  save  in  districts  where  martia 
law  has  been  proclaimed. 

5.  That  the  rebellion  has  destroyed  slavery,  and  the  Federal 
Constitution  should  be  amended  to  prohibit  its  re-establishment 

6.  That  the  right  for  asylum,  except  for  crime,  and  subject 
to  law,  is  a  recognized  principle — a  principle  of  American  lib- 
erty; that  any  violation  of  it  must  not  be  overlooked,  and  must 
not  go  unrebuked. 

7.  That  the  National  policy  known  as  the  Monroe  doctrine 
has  become  a  recognized  principle,  and  that  the  establishment 
of  an  anti-republican  government  on  this  continent  by  a  foreign 
power  can  not  be  tolerated. 

8.  That  the  gratitude  and  support  of  the  nation  is  due  to  the 
faithful  soldiers,  and  the  earnest  leaders  of  the  Union  army  and 
navy,  for  their  heroic  achievements  and  valor  in  defense  of  our 
imperiled  country  and  of  civil  liberty. 

9.  That  the  one  term  policy  for  the  Presidency  adopted  by 
the  people  is  strengthened  by  the  existing  crisis,  and  shall  bo 
maintained  by  constitutional  amendments. 

10.  That  the  constitution  shall  be  so  amended  that  the  Presi- 
dent and  Vice  President  shall  be  elected  by  a  direct  vote  of  the 
people. 

11.  That  the  reconstruction  of  the  rebellious  States  belongs 
to  the  people  through  their  representatives  in  Congress,  and  not 
to  the  Executive. 

12.  That  the  confiscation  of  the  lands  of  the  rebels  and  their 
distribution  among  the  soldiers  and  actual  settlers  is  a  measure 
of  justice;  that  integrity  and  economy  are  demanded  at  all  times  . 
in  the  measures  of  the  government,  and  that  now  the  want  of 
this  is  criminal 


NATIONAL  DEMOCEATIC  PLATFORM 


OF  1864. 


Resolved,  That  in  the  future,  as  in  the  past,  we*  will  adhere 
with  unswerving  fidelity  to  the  Union  under  the  Constitution  as 
the  only  solid  foundation  of  our  strength,  security  and  happi- 
ness as  a  people,  and  as  a  framework  of  goTernment  equally 
fsonducive  to  the  welfare  and  prosperity  of  all  the  States,  both 
Northern  and  Southern. 

Resolved,  That  this  Convention  does  explicitly  declare,  as  the 
sense  of  the  American  people,  that  after  four  years  of  failure 
to  restore  the  Union  by  the  experiment  of  war,  during  which, 
under  the  pretense  of  military  necessity  or  war  power  higher 
than  the  Constitution,  the  Constitution  itself  has  been  disre- 
garded in  every  part,  and  public  liberty  and  private  right  alike 
trodden  down,  and  the  material  prosperity  of  the  country  es- 
sentially impaired,  justice,  humanity,  liberty  and  the  public 
welfare  demand  that  immediate  efforts  be  made  for  a  cessation 
of  hostilities  with  a  view  to  an  ultimate  convention  of  the 
btatos,  or  other  peaceable  means,  to  the  end  that  at  the  earliest 
practical  moment  peace  may  be  restored  on  the  basis  of  the 
Federal  Union  of  the  States. 

^  Resolved,  That  the  direct  interference  of  the  military  author- 
ities of  the  United  States  in  the  recent  elections  held  in 
Kentucky,  Maryland,  Missouri  and  Delaware  was  a  shamefiil 
violation  of  the  Constitution,  and  a  repetition  of  such  acts  in 
the  approaching  election  will  be  held  as  revolutionary,  and  re- 
sisted with  all  the  means  and  power  under  our  control. 
^  Resolved,  That  the  aim  and  object  of  the  Democratic  party 
is  to  preserve  the  Federal  Union  and  the  rights  of  the  States 
unimpaired,  and  they  hereby  declare  that  they  consider  that 
the  administrative  usurpation  of  extraordinary  and  dangerous 
powers  not  granted  by  the  Constitution,  the  subversion  of  the 
civil  by  military  law  in  States  not  in  insurrection,  the  arbitrary 
military  arrest,  imprisonment,  trial  and  sentence  of  American 
citizens  m  States  where  the  civil  law  exists  in  full  force,  the 
suppression  of  freedom  of  speech  and  of  the  press,  the  denial 
of  the  right  of  asylum,  the  open  and  avowed  disregard  of  State 
righta,  the  employment  of  unusual  test  oaths,  and  the  interfer- 

343 


344 


NATIONAL  DEMOCRATIC  PIATPORM. 


ence  with,  and  denial  of  the  right  of  the  people  to  bear  arms  in 
their  defense,  is  calculated  to  prevent  a  restoration  of  the  Union 
and  the  perpetuation  of  the  Government  deriving  its  just  powers 
from  the  consent  of  the  governed. 

Resolved^  That  the  shameful  disregard  of  the  Administration 
to  its  duty  in  respect  to  our  fellow-citizens  who  now  are,  and 
long  have  been,  prisoners  of  war  in  a  suffering  condition,  de- 
serves the  severest  reprobation  on  the  score  alike  of  public  pol- 
icy and  common  humanity. 

Resolved^  That  the  sympathy  of  the  Democratic  party  is 
heartily  and  earnestly  extended  to  the  soldiery  of  our  army  and 
sailors  of  our  navy  who  are  and  have  been  in  the  field  and  on 
the  sea,  under  the  flag  of  their  country,  and  in  the  event  of  its 
attaining  power,  they  will  receive  all  the  care,  protection  and 
regard  that  the  brave  soldiers  and  sailors  of  the  Republic  have 
BO  nobly  earned. 


THE  CHICAGO  PLATFORM,  1868. 


Tlie  following  is  the  platform  as  adopted : 

"The  National  Republican  Party  of  the  United  States,  assembled 
in  National  Convention,  in  the  city  of  Chicago,  on  the  20th  day  of 
May,  18G8,  make  the  following  declaration  of  principles: 

''1.  We  congratulate  the  country  on  the  assured  success  of  the  re- 
construction policy  of  Congress,  as  evinced  by  the  adoption,  in  the 
majority  of  the  States  lately  in  rebellion,  of  constitutions  securing 
equal  civil  and  political  rights  to  all ;  and  it  is  the  duty  of  the  Gov- 
ernment to  sustain  those  constitutions  and  to  prevent  the  people 
of  such  States  from  being  remitted  to  a  state  of  anarchy. 

"2.  The  guarantee  by  Congress  of  equal  suffrage  to  all  loyal  men 
at  the  South  was  demanded  by  every  consideration  of  public  safety, 
of  gratitude,  and  of  justice,  and  must  be  maintained,  while  the 
question  of  suffrage  in  all  the  loyal  States  properly  belongs  to  the 
people  of  those  States. 

"  3.  We  denounce  all  forms  of  repudiation  as  a  national  crime, 
and  the  national  honor  requires  the  payment  of  the  public  indebt- 
edness in  the  utmost  good  faith  to  all  creditors  at  home  and  abroad, 
not  only  according  to  the  letter  but  the  spirit  of  the  laws  undei 
which  it  was  contracted. 

"  4.  It  is  due  to  the  labor  of  the  nation  that  taxation  should  be 
equalized  and  reduced  as  rapidly  as  the  national  faith  will  permit. 

"  5.  The  national  debt,  contracted,  as  it  has  been,  for  the  preser- 
vation of  the  Union  for  all  time  to  come,  should  be  extended  over 
a  fair  period  for  redemption;  and  it  is  the  duty  of  Congress  to  re- 
duce the  rate  of  interest  thereon  whenever  it  can  be  honestly  done. 

"6.  That  the  best  policy  to  diminish  our  burden  of  debt  is  to  so 
improve  our  credit  that  capitalists  will  seek  to  loan  us  money  at 
lower  rates  of  interest  than  we  now,  pay,  and  must  continue  to 
pay,  so  long  as  repudiation,  partial  or  total,  open  or  covert,  is 
threatened  or  suspected. 

"  7.  The  Government  of  the  United  States  should  be  administered 
with  the  strictest  economy,  and  the  corruptions  which  have  been 
so  shamefully  nursed  and  fostered  by  Andrew  Johnson  call  loudly 
for  radical  reform. 

"8.  We  professedly  deplore  the  untimely  and  tragic  death  of 
Abraham  Lincoln,  and  regret  the  accession  of  Andrew  Johnson 
to  the  Presidency,  who  has  acted  treacherously  to  the  people  who 
elected  him,  and  the  cause  he  was  pledged  to  support — who  has 
usurped  high  legislative  and  judicial  functions — who  has  refused 
to  execute  the  laws — who  has  used  his  high  office  to  induce  other 
officers  to  ignore  and  violate  the  laws — who  has  employed  his  ex- 
ecutive powers  to  render  insecure  the  property,  the  peace,  liberty, 
and  life  of  the  citizeii — who  has  abused  the  pardoning  power — who 

345 


34:6 


THE  CHICAGO  PLATFORM,  1868. 


has  denounced  the  National  Legislature  as  unconstitutional — per- 
sistently and  corruptly  resisted,  by  every  measure  in  his  power, 
every  proper  attempt  at  the  reconstruction  of  the  States  lately  in 
rebellion — who  has  perverted  the  public  patronage  into  an  engine 
of  wholesale  corruption,  and  who  has  been  justly  impeached  for 
high  crimes  and  misdemeanors,  and  properly  pronounced  guilty 
thereof  by  the  vote  of  thirty-five  Senators. 

*'  9.  The  doctrine  of  Great  Britain  and  other  European  Powers, 
that  because  a  man  is  once  a  subject  he  is  always  so,  must  be  re- 
sisted at  every  hazard  by  the  United  States  as  a  relic  of  the  feudal 
times,  .not  authorized  by  the  law  of  nations,  and  at  war  with  our 
national  honor  and  independence.  Naturalized  citizens  are  en- 
titled to  be  protected  in  all  their  rights  of  citizenship  as  though 
they  were  native  born ;  and  no  citizen  of  the  United  States,  native 
or  naturalized,  must  be  liable  to  arrest  and  imprisonment  by  any 
foreign  power  for  acts  done  or  words  spoken  in  this  country;  and 
if  so  arrested  and  imprisoned  it  is  the  duty  of  the  Government  to 
interfere  in  his  behalf. 

"  10.  Of  all  who  were  faithful  in  the  trials  of  the  late  war  there 
were  none  entitled  to  more  especial  honor  than  the  brave  soldiers 
and  seamen  who  endured  the  hardships  of  campaign  and  cruise,  and 
imperiled  their  lives  in  the  service  of  the  country.  The  boun- 
ties and  pensions  provided  by  the  laws  for  these  brave  defenders 
of  the  nation  are  obligations  never  to  be  forgotten.  The  widows 
and  orphans  of  the  gallant  dead  are  the  wards  of  the  people,  a 
sacred  legacy  bequeathed  to  the  nation's  protecting  care. 

"11.  Foreign  emigration,  which  in  the  past  has  added  so  much 
to  the  wealth,  development,  and  resources,  and  increase  of  power 
to  this  nation,  the  asylum  of  the  oppressed  of  all  nations,  should  be 
fostered  and  encouraged  by  a  liberal  and  just  policy. 

"  12.  This  Convention  declares  itself  in  sympathy  with  all  the  op- 
pressed people  which  are  struggling  for  their  rights." 

The  following  resolutions  were  also  adopted  unanimously,  and  are 
added  to  the  declaration  of  principles : 

Resolved,  That  we  highly  commend  the  spirit  of  magnanimity 
and  forgiveness  with  which  the  men  who  have  served  in  the  rebel- 
lion, but  now  frankly  and  honestly  cooperate  with  us  in  restoring 
the  peace  of  the  country  and  reconstructing  the  Southern  State  gov- 
ernments upon  the  basis  of  impartial  justice  and  equal  rights,  are 
received  back  into  the  communion  of  the  loyal  people.  And  we 
favor  the  removal  of  the  disqualifications  and  restrictions  placed 
upon  the  late  rebels  in  the  same -measure  as  the  spirit  of  loyalty  will 
direct,  and  as  may  be  consistent  with  the  safety  of  the  loyal  people. 

"  Resolved,  That  we  recognize  the  great  principles  laid  down  in 
the  immortal  Declaration  of  Independence  as  the  true  foundation 
of  Democratic  government:  and  we  hail  with  gladness  every  elFort 
toward  making  these  principles  a  living  reality  on  every  inch  of 
American  soil." 


DEMOCRATIC  PLATFORM. 


The  Democratic  party,  in  National  Convention  assembled,  re- 
posing its  trust  in  the  intelligence,  patriotism,  and  discriminating 
justice  of  the  people,  standing  upon  the  Constitution  as  the  foun- 
dation and  limitation  of  the  powers  of  the  Government  and  the 
guarantee  of  the  liberties  of  the  citizen,  and  recognizing  the 
questions  of  slavery  and  secession  as  having  been  settled  for  all 
time  to  come  by  the  war  or  the  voluntary  action  of  the  Southern 
States  in  Constitutional  Conventions  assembled,  and  never  to  be 
revived  or  re-agitated,  do,  with  the  return  of  peace,  demand: 

1.  The  immediate  restoration  of  all  the  States  to  their  rights 
in  the  Union  under  the  Constitution  of  the  civil  Government  and 
the  American  people. 

2.  Amnesty  for  all  past  political  offenses  ;  the  regulation  of  the 
elective  franchise  in  the  States  by  their  citizens. 

3.  Payment  of  the  public  debt  of  the  United  States  as  rapidly 
as  practicable,  all  money  drawn  from  the  people  by  taxation, 
except  so  much  as  is  requisite  for  the  necessities  of  the  Govern- 
ment economically  administered  being  honestly  applied  to  such 
payment,  and  where  the  obligations  of  the  Government  do  not 
expressly  state  upon  their  face  or  the  law  under  whiok  they  were 
issued  does  not  provide  that  they  shall  be  paid  in  coin  they  ought, 
in  right  and  in  justice,  to  be  paid  in  the  lawful  money  of  the 
United  States. 

4.  Equal  taxation  of  every  species  of  property  according  to  the 
value  ;  reducing  Government  bonds  and  other  public  securities. 

6.  One  currency  for  the  Government  and  the  people,  the  laborer 
and  the  office-holder,  pensioner  and  the  soldier,  the  producer  and 
the  bondholder. 

6.  Economy  in  the  administration  of  the  Government ;  the  re- 
duction of  the  standing  army  and  navy ;  the  abolition  of  the 
Freedmen's  Bureau,  and  all  political  instrumentalities  designed 
to  secure  negro  supremacy ;  simplification  of  the  system  and  dis- 
continuance of  inquisitorial  modes  of  assessing  and  collecting  in- 
ternal revenue,  that  the  burden  of  taxation  may  be  equalized  and 
lessened,  and  the  credit  of  the  Government  and  the  currency  made 
good  ;  the  repeal  of  all  enactments  for  enrolling  the  State  militia 
into  a  national  force  in  time  of  peace ;  and  a  tariff  for  revenue 
upon  foreign  imports  and  such  equal  taxation  under  the  internal 
revenue  laws  as  will  afford  incfdental  protection  to  domestic  manu- 
taotures  as  well,  without  impairing  the  revenue,  impose  the  least 

347 


148 


DBMOCRATK  PLATPOKM. 


burden  upon  and  best  promote  and  encourage  the  great  industrial 
interests  of  the  country.  ^  muusiriai 

7.  Reform  of  abuses  in  the  Administration;  the  expulsion  of 
corrupt  men  from  office;  the  abrogation  of  useless  offices;  the 
restoration  of  the  rightful  authority  to  and  the  independence  of 
the  Executive  and  Judicial  Departments  of  the  Government;  the 
subordination  of  the  military  to  the  civil  power,  to  the  end  that 
c^Lr'''"^''^'''''  °^  Congress  and  the  despotism  of  the  sword  may 

8.  Equal  rights  and  protection  for  naturalized  and  native  born 
citizens  at  home  and  abroad;  the  assertion  of  American  nationaiUy^ 
pJn  ^  ^'•^"^^^^^  respect  of  foreign  powers,  furnish  an 
example  and  encouragement  to  people  struggling  for  national  in- 
tegrity, constitutional  liberty,  and  individual  rights;  and  the 
maintenance  of  the  rights  of  naturalized  citizens  aglinst  the  abso- 
lute doctrme  of  immutable  allegiance  and  the  claims  of  foreign 
powers  to  punish  them  for  alleged  crimes  committed  beyond  their 
jurisdiction.  In  demanding  these  measures  and  reform,  we 
arraign  the  radical  party  for  its  disregard  of  right  and  the 
unparalleled  oppression  and  tyranny  which  have  marked  its  career 
azter  tlie  most  solemn  and  unanimous  pledge  of  both  houses  of 
Congress  to  prosecute  the  war  exclusively  for  the  maintenance  of 
the  Government  and  the  preservation  of  the  Union  under  the  Con- 
stitution It  has  repeatedly  violated  that  most  sacred  pled-e 
under  which  was  rallied  that  noble  volunteer  army  which  carried 
our  flag  to  victory.  Instead  of  restoring  the  Union  it  has,  so  far 
as  It  is  m  its  power,  dissolved  it,  and  subjected  ten  States  in  time 
of  peace  to  miluary  despotism  and  negro  supremacy.  It  has  nul- 
lified there  the  right  of  trial  by  jury ;  it  has  abolished  the  writ  of 
habeas  corpus  that  most  sacred  writ  of  liberty  ;  it  has  overthrown 
the  freedom  of  speech  and  of  the  press;  it  has  substituted  arbi- 
trary seizures  and  arrests,  military  trials,  secret  star  chambers 
and  inquisitions  for  constitutional  tribunals;  it  has  disrecrarded 
in  time  of  peace,  the  right  of  the  people  to  be  free  from  search  and 
seizure  ;  it  has  entered  the  post-office  and  telegraph  office  and 
even  the  private  rooms  of  individuals  and  seized  there  their  nri- 
vate  papers  and  letters,  without  any  specification  or  notice  of 
affidavit,  as  required  by  the  organic  law.  It  has  converted  the 
American  Capitol  into  a  bastile;  it  has  established  a  system  of 
spies  and  official  espionage  to  which  the  constitutional  monarchies 
ot  Europe  never  dare  to  resort.  It  has  abolished  the  right  of 
appeal  on  important  constitutional  questions  to  the  supreme  iudi- 
ciai  tribunals,  and  threatens  to  curtail  or  destroy  its  original 
jurisdiction,  which  is  irrevocably  vested  by  the  Constitution;  while 
the  learned  Chief  Justice  has  been  subjected  to  the  most  atrocious 
calumnies  merely  because  he  would  not  prostitute  his  high  office 
to  the  support  of  the  false  and  partisan  charges  against  the  Presi- 
dent,    its  corruption  and  extravagance  have  exceeded  any  thing 


DEMOCRATIC  PLATFORM. 


U9 


known  in  liisfory,  and  by  its  frauds  and  monopolies  it  has  nearly 
doubled  the  burden  of  the  debt  created  during  the  war.  It  h;is 
etripp.  d  the  President  of  his  Constitutional  power  of  appointment 
even  of  his  own  Cabinet.  Under  its  repeated  assaults  the  pillars 
9f  the  (Government  are  rocking  to  their  base;  and  should  it  succeed 
in  November  next,  and  inaugurate  its  President,  we  will  meet  as 
a  subjected  and  conquered  people  amid  the  ruins  of  liberty  and 
the  scattered  fragments  of  the  (.-onstitution ;  and  we  do  declare  and 
resolve  that  ever  since  the  people  of  the  United  States  threw  off 
all  subjection  to  the  British  crown,  the  privilege  and  trust  of  suf- 
frage have  belonged  to  the  several  States,  and  have  been  granted, 
•regulated,  and  controlled  exclusively  by  the  political  power  of  each 
State  respectively,  and  any  attempt  by  Congress,  on  any  pretext 
whatever,  to  deprive  any  State  of  this  right,  or  interfere  with  this 
exercise,  is  a  flagrant  usurpation  of  power  which  can  find  no 
warrant  in  the  Constitutieu,  and  if  sanctioned  by  the  people  will 
subvert  our  form  of  Government,  and  can  only  end  in  a  single, 
centralized  and  consolidated  Government,  in  which  the  soparate 
existence  of  the  States  will  be  entirely  absorbed,  and  an  un- 
qualified despotism  then  be  established  in  place  of  a  Federal  Union 
of  coequal  States,  and  that  we  regard  the  reconstruction  acts  so- 
called  of  Congress  such  usurpations  and  unconstitutional,  revo- 
lutionary and  void :  that  our  soldiers  and  sailors  who  carried  the 
flag  of  our  country  to  victory  against  a  most  gallant  and  deter- 
mined foe  must  ever  be  gratefully  remembered,  and  all  the  guar- 
antees given  in  their  favor  must  be  faithfully  carried  into  exe- 
cution; that  the  public  lands  should  be  distributed  widely  among 
the  people  and  sliould  be  disposed  of  either  under  the  preemption 
of  the  homestead  lands  and  sold  in  reasonable  quantities,  and  to 
none  but  actual  occupants,  at  the  price  established  by  the 
Government.  When  the  grants  of  the  public  lands  may  be 
allowed  necessary  for  the  encouragement  of  important  public 
improvements,  the  proceeds  of  the  sale  of  such  lands,  and 
not  the  lands  themselves,  should  be  so  applied;  that  the 
President  of  the  United  States,  Andrew  Johnson,  exercising  the 
power  of  his  high  office  in  resisting_  the  aggressions  of  Con- 
gress on  the  constitutional  rights  of  the  States  and  the  people, 
is  entitled  to  the  gratitude  of  the  whole  American  people,  and  on 
behalf  of  the  Democratic  party,  we  tender  him  our  thanks  for  his 
patriotic  efforts  in  that  regard. 

Upon  this  platform  the  Democratic  party  appeal  to  every  patriot, 
including  all  the  conservative  element,  and  all  who  desire  to  sup- 
port the  Constitution  and  restore  the  Union,  forgetting  all  past 
differences  of  opinion,  to  unite  with  us  in  the  present  great 
struggle  for  the  liberties  of  the  people;  and  that  to  all  such,  to 
wliatever  party  they  may  have  heretofore  belonged,  we  extend  the 
right  hand  of  fellowship,  and  hail  all  such  cooperating  with  us 
a&  friends  and  brothers. 


"PLATFORMS  OF  1872." 


'^EEPUBLICAN  PLATFORM." 

The  Eepublican  party  of  the  United  States  assembled 
in  national  convention  in  the  city  of  Philadelphia  on  the- 
5th  and  6th  days  of  June,  1872,  again  declares  its  faith, 
appeals  to  its  history,  and  announces  its  position  upon  the 
questions  before  the  country : 

1.  During  eleven  years  of  supremacy  it  has  accepted 
with  grand  courage  the  solemn  duties  of  the  time.  It  sup- 
pressed a  gigantic  rebellion,  emancipated  four  millions  of 
slaves,  decreed  the  equal  citizenship  of  all,  and  established 
universal  suffrage.  Exhibiting  unparalleled  magnanimity, 
it  criminally  punished  no  man  for  political  offenses,  and 
warmly  welcomed  all  who  proved  loyalty  by  obeying  the 
laws  and  dealing  justly  with  their  neighbors.  It  has 
steadily  decreased  with  firm  hand  the  resultant  disorders 
of  a  great  war,  and  initiated  a  wise  and  humane  policy 
toward  the  Indians.  The  Pacific  Railroad  and  similar  vas^ 
enterprises  have  been  generously  aided  and  successfuUj 
conducted,  the  public  lands  freely  given  to  actual  settlera 
immigration  protected  and  encouraged,  and  a  full  acknowl- 
edgment of  the  naturaHzed  citizen's  rights  secured  from 
European  powers.  A  uniform  national  currency  has  been 
provided,  repudiation  frowned  down,  the  national  credit 
sustained  under  the  most  extraordinary  ourdens,  and  new 
bonds  negotiated  at  lower  rates.  The  revenues  have  been 
carefully  collected  and  honestly  applied.  Despite  annual 
large  reductions  of  the  rates  of  taxation,  the  public  dej^t 
has  been  reduced  during  General  Grant's  Presidency  at  the 
rate  of  a  hundred  millions  a  year,  great  financial  crises 
have  been  avoided,  and  peace  and  plenty  prevail  through- 
out the  land.  Menacing  foreign  difficulties  have  been 
peacefully  and  honorably  composed,  and  the  honor  and 
power  of  the  nation  keot  in  high  respect  throughout  the 
350 


REPUBLICAN  PLATFORM. 


351 


world.  This  glorious  record  of  the  past  is  the  part/s  best 
pledge  for  the  future.  We  believe  the  people  will  not 
intrust  the  government  to  any  party  or  combination  of  men 
composed  chiefly  of  those  who  have  resisted  every  step  of 
this  beneficent  progress. 

2.  The  recent  amendments  to  the  national  constitution 
should  be  cordially  sustained  because  they  are  right,  not 
merely  tolerated  because  they  are  law,  and  should  be  car- 
ried out  according  to  theii'  spirit  by  appropriate  legislation, 
the  enforcement  of  which  can  safely  be  intrusted  only  to 
the  party  that  secured  those  amendments. 

3.  Complete  liberty  and  exact  equality  in  the  enjoyment 
of  all  civil,  political,  and  pubhc  rights  should  be  estab- 
lished and  eflectuaily  maintained  throughout  the  Union  by 
efficient  and  appropriate  State  and  Federal  legislation. 
Neither  the  law  nor  its  administration  should  admit  any 
discrimination  in  respect  of  citizens  by  reason  of  race,  creed, 
color,  or  previous  condition  of  servitude. 

4.  The  national  government  should  seek  to  maintain 
honorable  peace  with  all  nations,  protecting  its  citizens 
every-where  and  sympathizing  with  all  peoples  who  strive 
for  greater  liberty. 

5.  Any  system  of  the  ci^dl  service  under  which  the  sub- 
ordinate positions  of  the  government  are  considered  rewards 
for  mere  party  zeal  is  fatally  demoralizing,  and  we  there- 
fore favor  a  reform  of  the  system  by  laws  which  shall 
abolish  the  evils  of  patronage  and  make  honesty,  efficiency, 
and  fidelity  the  essential  qualifications  for  public  positions, 
without  practically  creating  a  life  tenure  of  office. 

6.  We  are  opposed  to  further  grants  of  the  public  lands 
to  corporations  and  monopolies,  and  demand  that  the 
national  domain  be  set  apart  for  free  homes  for  the  peo- 
ple. 

'  7.  The  annual  revenue,  after  paying  current  expenditures, 
pensions,  and  the  interest  on  the  public  debt,  should  furnish 
a  moderate  balance  for  the  reduction  of  the  principal,  and 
that  revenue,  except  so  much  as  may  be  derived  from  a  tax 
upon  tobacco  and  liquors,  should  be  raised  by  duties  upon 
importations,  the  details  of  which  should  be  so  adjusted  as 
to  aid  in  securing  remunerative  wages  to  labor,  and  pro 


352 


BEFUBLICAN  PLATFORM. 


mote  the  industries,  prosperity,  and  growth  of  the  whole 
country. 

8.  We  hold  in  undying  honor  the  soldiers  and  sailors 
whose  valor  saved  the  Union.  Their  pensions  are  a  sacred 
debt  of  the  nation,  and  the  widows  and  orphans  of  those 
who  died  for  their  country  are  entitled  to  the  care  of  a 
generous  and  grateful  people.  We  favor  such  additional 
legislation  as  will  extend  the  bounty  of  the  government  to 
all  our  soldiers  and  sailors  who  were  honorably  discharged, 
and  who  in  the  line  of  duty  became  disabled,  without  re- 
gard to  the  length  of  service  or  the  cause  of  such  discharge. 

9.  The  doctrine  of  Great  Britain  and  other  European 
Powers  concerning  allegiance — "once  a  subject  always  a 
subject " — having  at  last  through  the  efforts  of  the  Kepub- 
lican  party  been  abandoned,  and  the  American  idea  of  the 
individual's  right  to  transfer  allegiance  having  been  ac- 
cepted by  European  nations,  it  is  the  duty  of  our  govern- 
ment to  guard  with  jealous  care  the  rights  of  adopted 
citizens  against  the  assumption  of  unauthorized  claims  by 
their  former  governments,  and  we  urge  continued  careful 
encouragement  and  protection  of  voluntary  immigration. 

10.  The  franking  privilege  ought  to  be  abolished,  and 
the  way  prepared  for  a  speedy  reduction  in  the  rates  of 
postage. 

11.  Among  the  questions  which  press  for  attention  is 
that  which  concerns  the  relations  of  capital  and  labor,  and 
the  Republican  party  recognizes  the  duty  of  so  shaping 
legislation  as  to  secure  full  protection  and  the  amplest  field 
for  capital,  and  for  labor,  the  creator  of  capital,  the  largest 
opportunities  and  a  just  share  of  the  mutual  profits  of  these 
two  great  servants  of  civilization, 

12.  We  hold  that  Congress  and  the  President  have  only 
fulfilled  an  imperative  duty  in  their  measures  for  the  sup- 
pression of  violent  and  treasonable  organizations  in  certain 
lately  rebellious  regions,  and  for  the  protection  of  the 
ballot-box;  and  therefore  they  are  entitled  to  the  thanks 
of  the  nation. 

13.  We  denounce  repudiation  of  the  public  debt,  in  any 
form  or  disguise,  as  a  national  crime.  We  witness  with 
pride  the  reduction  of  the  principal  of  the  the  debt,  and 


LIBERAL  EEPUBUCAN  PLATFOEM. 


of  the  rates  of  interest  upon  tlie  balance,  and  contidently 
expect  that  our  excellent  national  curreney  wiU  be  per- 
fected by  a  speedy-  resumption  of  specie  payment. 

14.  The  Republican  party  is  mindful  of  its  obligations 
to  the  loyal  women  of  America  for  their  noble  devotion  to 
the  cause  of  freedom.  Their  admission  to  wider  fields  ot 
usefuhiess  is  viewed  with  satisfaction;  and  the  honest  de- 
mand of  any  class  of  citizens  for  additional  rights  should 
be  treated  with  respectful  consideration. 

15  We  heartily  approve  the  action  of  Congress  in  ex- 
tending amnesty  to  those  lately  in  rebellion,  and  rejoice  m 
the  growth  of  peace  and  fraternal  feelmg  throughout  the 

land.  ,     •  1,+ 

16.  The  Eepublican  party  proposes  to  respect  the  rights 
reserved  by  the  people  to  themselves  as  carefully  as  the 
powers  delegated  by  them  to  the  State  and  to  the  iederal 
Government.  It  disapproves  of  the  resort  to  unconstitu- 
tional laws  for  the  purpose  of  removing  evils  by  inter- 
ference with  rights  not  surrendered  by  the  people  to  either 
the  State  or  National  Government. 

17.  It  is  the  duty  of  the  General  Government  to  adopt 
such  measures  as  may  tend  to_  encom^age  and  restore  Amer- 
ican commerce  and  ship-building. 

18  ^Ye  believe  that  the  modest,  patriotism,  the  earnest 
purpose,  the  sound  judgment,  the  practical  wisdom,  the  m- 
corruptible  integrity,  and  the  iUustrious  services  of  Ulysses 
S  Grant  have  commended  him  to  the  heart  of  the  American 
people,  and  with  him  at  our  head  we  start  to-day  upon  a 
new  march  to  victory. 


-LIBEEAL  EEPUBLICAN  PLATFOEM." 

We,  the  Liberal  Eepublicans  of  the  United  States  in 
national  convention  assembled  at  Cincinnati,  proclaim  the 
following  principles  as  essential  to  just  government: 

1.  We  recognize  the  equalitv  of  aU  men  before  the  law, 
and*  hold  that  It  is  the  duty  of'.  Government,  in  its  deahngs 
with  the  people,  to  mete  out  equal  and  exact  justice  to  all, 
30 


S54 


LIBERAL  KEPUBLICAX  PLATTOIDI. 


of  whatever  natiyitj,  race,  color,  or  persuasion,  relidous  or 
political.  '  ^ 

2.  We  pledge  ourselves  to  mamtain  tlie  Union  of  tlie^e 
fetates,  emancipation,  and  enfrancMsement.  and  to  oppose 
any  reopening  of  the  questions  settled  bv  the  thirteenth 
fom-te^nth,  and  fifteenth  amendments  of  the  Constitution  ' 
^^  \.  .^.."^^^^  immediate  and  absolute  removal  of 
ail  (hsabilities  imposed  on  account  of  the  rebeUion,  which 
was  Imaily  subdued  seven  years  aeo,  believeins  that  univer- 
sal amnesty  wiH  result  in  complete  pacification  in  aU  sec- 
tions of  the  country. 

4.  Local  self-government,  with  impartial  suffrao-e,  will 
guard  the  rights  of  aH  citizens  more  securelv  than  anv  cen- 
trauzed  power.  The  pubHc  welfare  requiiTs  the  supremacv 
of  the  civil  over  the  mihtary  authoritv,  and  the  freedom 
of  person  under  the  protection  of  the  habeas  corpus  VTe 
demand  for  the  individual  the  largest  Hbertv  consistent  with 
pubhc  order,  for  the  State  self-government;  and  for  the  na- 
ti'-m  a  return  to  the  methods  of  peace  and  the  constitutional 
limitations  of  power. 

5.  The  civil  service  of  the  government  has  be^-ome  a 
mere  mstrument  of  partisan  tyi-anny  and  personal  ambition 
and  an  object  of  selfish  greed.  It  is  a  scandal  and  reproach 
upon  fi-ee  mstitutions,  and  breeds  a  demoralization  dano-er- 
ous  to  the  perpetuity  of  repubHcan  government.  We 
therefore  regard  a  thorough  reform  of  the  civil  service  as 
one  of  the  most  pressing  necessities  of  the  horn-;  that 
honesty,  capacity,  and  fidehtv  constitute  the  onlv  vahd 
claims  to  public  employment;  that  the  offices  of  the  o-ov- 
ernment  cease  to  be  a  matter  of  arbitrarv  favoritism  Ind 
patronage,  and  that  pubHc  station  shaH  become  ao-am  a 
post  of  honor.  To  this  end  it  is  imperativelv  requii-ed  that 
no  President  shall  be  a  candidate  for  re-election. 

6.  T^^e  demand  a  system  of  Federal  taxation  which  «hall 
not  uunecessai'ily  mterfere  with  the  mdustrv  of  the  people 
and  which  shaU  provide  the  means  neces-saiT  to  pav  the 
expenses^  of  the  government,  economicallv  admmistered 
the  pensions,  the  interest  on  the  pubHc  debt,  and  a  modi 
erate  reduction  annuaUy  of  the  prmcipal  thereof;  and 
recoguizmg  that  there  ai-e  in  our  midst  honest  but  ii-recon- 


DEMOCRATIC  PLATFOEM. 


355 


cilable  difterence  of  opinion  witli  regard  to  tlie  respective 
systems  of  protection  and  free  trade,  we  remit  the  discus- 
sion of  the  subject  to  the  people  in  their  congressional 
districts  and  the  decision  of  Congress  thereon,  wholly  free 
from  executive  interference  or  dictation. 

7.  The  public  credit  must  be  sacredly  maintained,  and 
Tve  denounce  repudiation  in  every  form  and  guise. 

8.  A  speedy  return  to  specie  payments  is  demanded 
alike  by  the  highest  considerations  of  commercial  morality 
and  honest  government. 

9.  We  remember  with  gratitude  the  heroism  and  sacri- 
fices of  the  soldiers  and  saSors  of  the  Republic,  and  no  act 
of  ours  shall  ever  detract  from  their  justly  earned  fame  or 
the  full  rewards  of  theii*  patiiotism. 

10.  We  are  opposed  to  all  further  grants  of  lands  to 
railroads  or  other  corporations.  The  public  domain  should 
be  held  sacred  to  actual  settlers. 

11.  We  hold  that  it  is  the  duty  of  the  government,  in 
its  intercourse  with  foreign  nations,  to  cultivate  the  friend- 
ships of  peace  by  treating  with  all  on  fair  and  equal  terms, 
regarding  it  alike  dishonorable  either  to  demand  what  is 
not  right  or  submit  to  what  is  wi'ong. 

12.  For  the  promotion  and  success  of  these  vital  princi- 
ples and  the  support  of  the  candidates  nominated  by  this 
convention,  we  invite  and  cordially  welcome  the  co-opera- 
tion of  all  patriotic  citizens,  without  regard  to  previous 
political  affiliations. 

CiNCiJfXATi,  May  1-3. 


"DEMOCRATIC  PLATFORM." 

We,  the  Democratic  electors  of  the  United  States  in 
convention  assembled,  do  present  the  principles  already 
adopted  at  Cincinnati,  as  essential  to  just  government. 

[See  Liberal  Kepublican  Platform.] 

Baltimoke,  July  9,  10. 


"THE  CIVIL  SERVICE  REGULATIONS." 


1.  No  person  will  be  appointed  to  any  position  in  the 
civil  service  who  shall  not  have  furnished  satisfactory  evi- 
dence of  his  fidelity  to  the  Union  and  the  Constitution  of 
the  United  States. 

2.  The  evidence  in  regard  to  character,  health,  age,  and 
knowledge  of  the  English  language,  required  by  the  first 
rule,  shall  be  furnished  in  writing,  and  if  such  evidence 
shall  be  satisfactory  to  the  head  of  the  department  in 
which  the  appointment  is  to  be  made,  the  applicant  shall 
be  notified  when  and  where  to  appear  for  examination; 
but  when  the  applicants  are  so  numerous  that  the  exam- 
ination of  all  whose  preliminary  papers  are  satisfactory  is 
plainly  impracticable,  the  head  of  the  department  shall 
select  for  examination  a  practicable  number  of  those  who 
are  apparently  best  qualified. 

3.  Examinations  to  fill  vacancies  in  any  of  the  Execu- 
tive Departments  in  Washington  shall  be  held  not  only  at 
the  city  of  Washington,  but  also,  when  directed  by  the 
head  of  the  department  in  which  the  vacancy  may  exist, 
in  the  several  States,  either  at  the  capital  or  other  con- 
venient place. 

4.  The  appointment  of  persons  to  be  employed  exclu- 
sively in  the  secret  service  of  the  Government;  also  of 
persons  to  be  employed  as  translators,  stenographers,  or 
private  secretaries,  or  to  be  designated  for  secret  service, 
to  fill  vacancies  in  clerkships  in  either  of  the  Executive 
Departments  at  Washington,  may  be  excepted  from  the 
operation  of  the  rules. 

5.  When  a  vacancy  occurs  in  a  consular  office,  of  which 
the  lawful  annual  compensation  is  three  thousand  dollars 
or  more,  it  will  be  filled  at  the  discretion  of  the  President, 
either  by  the  transfer  of  some  person  already  in  the  service 
or  by  a  new  appointment,  which  may  be  excepted  from  the 
operation  of  the  rules.    But  if  the  .vacancy  occur  in  an 

356 


THE  CIVIL  SESVICE  REGULATIONS.  357 

office  of  wliich  the  lawful  annual  compensation,  by  salary 
or  by  fees  ascertained  by  the  last  official  returns,  is  more 
than  one  thousand  dollars  and  less  than  three  thousand 
dollars,  and  it  is  not  filled  by  transfer,  applications  will  be 
addressed  to  the  Secretary  of  State,  inclosing  proper  cer- 
tificates of  character,  responsibility,  and  capacity,  and  the 
Secretary  will  notify  the  applicant  who,  upon  investiga- 
tion, appears  to  be  most  suitable  and  competent,  to  attend 
for  examination ;  and  if  he  shall  be  found  qualified,  he 
will  be  nominated  for  confirmation ;  but  if  not  found 
qualified,  or  if  his  nomination  be  not  confirmed  by  the 
Senate,  the  Secretary  will  proceed  in  like  manner  with  the 
other  applicants  who  appear  to  him  to  be  qualified.  If, 
however,  no  applicants  under  this  regulation  shall  be  found 
suitable  and  qualified,  the  vacancy  will  be  filled  at  discre- 
tion. The  appointment  of  commercial  agents  and  of  con- 
suls whose  annual  compensation  is  one  thousand  dollars  or 
less  (if  derived  from  fees,  the  amount  to  be  ascertained  by 
the  last  official  returns),  of  vice  consuls,  deputy  consuls, 
and  of  consular  agents  and  other  officers  who  are  appointed 
upon  the  nomination  of  the  principal  officer,  and  for  whom 
he  is  responsible  upon  his  official  bond,  may  be,  until  other- 
wise ordered,  excepted  from  the  operation  of  the  rules. 

6.  When  a  vacancy  occurs  in  the  office  of  collector  of 
the  customs,  naval  officer,  appraiser,  or  surveyor  of  the 
customs,  in  the  customs  districts  of  New  York,  Boston, 
and  Charlestown,  Baltimore,  San  Francisco,  New  Orleans, 
Philadelphia,  Vermont  (Burlington),  Oswego,  Niagara, 
Buffiilo  Creek,  Champlain,  Portland,  and  Falmouth,  Cor- 
pus Christi,  Oswegatchie,  Mobile,  Brazos  de  Santiago, 
(Brownsville,)  Texas,  (Galveston,  etc.,)  Savannah,  Charles- 
ton, Chicago,  or  Detroit,  the  Secretary  of  the  Treasury 
shall  ascertain  if  any  of  the  subordinates  in  the  customs 
district  in  which  such  vacancy  occurs  are  suitable  persons 
qualified  to  discharge  efficiently  the  duties  of  the  office  to 
be  filled,  and,  if  such  persons  be  found,  he  shall  certify  to 
the  President  the  name  or  names  of  those  subordinates, 
not  exceeding  three,  who,  in  his  judgment,  are  best  quali- 
fied for  the  position,  from  which  the  President  will  make 
the  nomination  to  fill  the  vacancy.    But  if  no  such  subor- 


358  THE  CIVTL  SERVICE  REGULATIONS. 


dinate  be  found  qualified,  or  if  tlie  nomination  be  not  con- 
firmed, the  nomination  will  be  made  at  the  discretion  of 
the  President.  Vacancies  occuring  in  such  positions  in  the 
customs  service  in  the  said  districts  as  are  included  in  the 
subjoined  classification  will  be  filled  in  accordance  with  the 
rules.  Appointments  to  all  other  positions  in  the  customs 
service  in  said  districts  may  be,  until  otherwise  ordered, 
excepted  from  the  operation  of  the  rules. 

7.  When  a  vacancy  occurs  in  the  office  of  collector, 
appraiser,  surveyor,  or  other  chief  officer  in  any  customs 
district  not  specified  in  the  preceding  regulation,  applica- 
tions in  writing  from  any  subordinate  or  subordinates  in 
the  customs  service  of  the  district,  or  from  other  person  or 
persons  residing  within  the  said  district,  may  be  addressed 
to  the  Secretary  of  the  Treasury,  including  proper  certifi- 
cates of  character,  responsibility,  and  capacity ;  and  if  any 
of  the  subordinates  so  applying  shall  be  found  suitable  and 
qualified,  the  name  or  names,  not  exceeding  three,  of  the 
best  qualified  shall  be  certified  by  the  board  of  examiners 
to  the  Secretary,  and  from  this  list  the  nomination  or  ap- 
pointments will  be  made.  But  if  no  such  subordinate  be 
found  qualified,  the  said  board  shall  certify  to  the  Secretary 
the  name  or  names,  not  exceeding  three,  of  the  best  quali- 
fied among  the  other  applicants,  and  fi-om  this  list  the 
nomination  or  appointment  will  be  made.  If,  however,  no 
applicants  under  this  regulation  shall  be  found  suitable  and 
qualified,  the  vacancy  will  be  filled  at  discretion.  Ap- 
pointments to  all  other  positions  in  the  customs  service  in  said 
districts  may  be,  until  otherwise  ordered,  excepted  from 
the  operation  of  the  rules. 

8.  When  a  vacancy  occurs  in  the  office  of  postmaster,  in 
cities  having,  according  to  the  census  of  1870,  a  popula- 
tion of  twenty  thousand  or  more,  the  Postmaster  General 
shall  ascertain  if  any  of  the  subordinates  in  such  office  are 
suitable  persons  qualified  to  discharge  efficiently  the  duties 
of  postmaster,  and,  if  such  are  found,  he  shall  certify  to 
the  President  the  name  or  names  of  those  subordinates, 
not  exceeding  three  in  number,  who,  in  his  judgment,  are 
best  qualified  for  the  position,  from  which  list  the  Presi- 
dent will  make  the  nomination  to  fill  the  vacancy.  But 


THE  CIYIL  SERVICE  EEGULATIONS.  359 


if  no  such  subordinate  be  found  so  qualified,  or  if  the 
nomination  be  not  confirmed  by  the  Senate,  the  nomina- 
tion will  be  made  at  the  discretion  of  the  President. 
Vacancies  occurring  in  such  positions  in  the  said  post- 
offices  as  are  included  in  the  subjoined  classification  will 
be  filled  in  accordance  with  the  rules.  Appointments  to 
all  other  positions  in  the  said  post-offices  may  be,  until 
otherwise  ordered,  excepted  from  the  operation  of  the 
rules. 

9.  When  a  vacancy  occurs  in  the  office  of  postmaster, 
of  a  class  not  otherwise  provided  for,  applications  for  the 
position  from  any  subordinate  or  subordinates  in  the  office, 
or  from  other  persons  residing  within  the  delivery  of  the 
office,  may  be  addressed  to  the  Postmaster  General,  in- 
closing proper  certificates  of  character,  responsibility,  and 
capacity ;  and  if  any  of  the  subordinates  so  applying  shall 
be  found  suitable  and  qualified,  the  name  or  names  of  the 
best  qualified,  not  exceeding  three,  shall  be  certified  by  the 
board  of  exammers  to  the  Postmaster  General,  and  from 
them  the  nomination  or  appointment  shall  be  made.  But 
if  no  subordinate  be  found  qualified,  the  said  board  shall 
certify  to  the  Postmaster  General  the  name  or  names,  not 
exceeding  three,  of  the  best  qualified  among  the  other 
apphcants,  and  from  them  the  nomination  or  appointment 
shall  be  made.  If,  however,  no  applicants  under  this  regu- 
lation shall  be  found  suitable  and  qualified,  the  vacancy 
will  be  filled  at  discretion.  Appointments  to  all  other 
positions  in  the  said  post-offices  may  be,  until  otherwise 
ordered,  excepted  from  the  operation  of  the  rules. 

10.  Special  agents  of  the  Post-office  Department  shall 
be  appointed  by  the  Postmaster  General  at  discretion,  from 
persons  already  in  the  postal  service,  and  who  shall  have 
served  therein  for  a  period  of  not  less  than  one  year  im- 
mediately preceding  the  appointment.  But  if  no  person 
within  the  service  shall,  in  the  judgment  of  the  Postmaster 
General,  be  suitable  and  quahfied,  the  appointment  shall 
be  made  from  all  applicants  under  the  rules. 

11.  Mail  route  messengers  shall  be  appointed  in  the 
manner  provided  for  the  appointment  of  postmasters  whose 
annual  salary  is  less  than  two  hundred  dollars. 


360  THE  CIVIL  SERVICE  ILEGULATIONS. 


12.  When  a  vacancy  occurs  in  the  office  of  register  or 
receiver  of  the  land  office,  or  of  pension  agent,  applications 
in  writing  from  residents  in  the  district  in  which  the  va- 
cancy occurs  may  be  addressed  to  the  Secretary  of  the 
Interior,  inclosing  proper  certificates  of  character,  respon- 
sibility, and  capacity;  and  if  any  of  the  applicants  shall 
be  found  suitable  and  qualified,  the  name  or  names,  not 
exceeding  three,  of  the  best  qualified,  shall  be  certified  by 
the  board  of  examiners  to  the  Secretary,  and  from  this  list 
the  nomination  will  be  made.  If,  however,  no  applicants 
under  this  regulation  shall  be  found  suitable  and  qualified, 
the  nomination  will  be  made  at  discretion. 

13.  When  a  vacancy  occurs  jii  the  office  of  United  States 
marshal,  applications  in  writing  from  residents  in  the  dis- 
trict in  which  the  vacancy  occurs  may  be  addressed  to  the 
Attorney  General  of  the  United  States,  inclosing  proper 
certificates  of  character,  responsibility,  and  capacity;  and 
if  any  of  the  applicants  shall  be  found  suitable  and  quali- 
fied, the  name  or  names,  not  exceeding  three,  of  the  best 
qualified,  shall  be  certified  by  the  board  of  examiners  to 
the  Attorney  General,  and  from  this  list  the  nomination 
will  be  made.  If,  however,  no  applicants  under  this  regu- 
lation shall  be  found  suitable  and  qualified,  the  nomination 
will  be  made  ^t  discretion. 

14.  Appointments  to  fill  vacancies  occurring  in  offices  in 
the  several  Territories,  excepting  those  of  judges  of  the 
United  States  courts,  Indian  agents  and  superintendents, 
will  be  made  from  suitable  and  qualified  persons  domiciled 
in  the  Territory  in  which  the  vacancy  occurs,  if  any  such 
are  found. 

15.  It  shall  be  the  duty  of  the  examining  board  in  each 
of  the  departments  to  report  to  the  advisory  board  such 
modifications  in  the  rules  and  regulations  as,  in  the  judg- 
ment of  such  examining  board,  are  required  for  appoint- 
ments to  certain  positions,  to  which,  by  reason  of  distance, 
or  of  difficult  access,  or  of  other  sufficient  cause,  the  rules 
and  regulations  can  not  be  applied  with  advantage;  and, 
if  the  reason  for  such  modifications  shall  be  satisfactory  to 
the  advisory  board,  said  board  will  recommend  them  for 
approval. 


THE  CIVIL  SERVICE  EEGULATIONS.  •  361 


16.  Nothing  in  these  rules  and  regulations  shall  prevent 
the  reappointment  at  discretion  of  the  incumbents  of  any 
office  the  term  of  which  is  fixed  by  law;  and  when  such 
reappointment  is  made  no  vacancy  within  the  meaning  of 
the  rules  shall  be  deemed  to  have  occurred. 

17.  Appointments  to  aU  positions  in  the  civil  service,  not 
included  in  the  subjoined  classifications,  nor  otherwise 
specially  provided  for  by  the  rules  and  regulations,  may, 
until  otherwise  ordered,  be  excepted  from  the  operation  of 
the  rules.  [The  Civil  Service  Eegulations  are  practically 
discontinued  in  many  departments,  in  consequence  of  a 
failure  on  the  part  of  Congress  to  make  appropriations  for 
continuing  them,  though  they  are  yet  adhered  to  in  some.] 


RELATIONS  OF  THE  UNITED  STATES 
AND  GREAT  BRITAIN. 


Treaty  between  the  Ujstted  States  and  Great  Britain— 
Claris,  Fisheries,  Navigation  of  the  St.  Lawrence,  etc., 
American  Lumber  on  the  Kiver  St.  John,  Boundary— 
Concluded  May  8,  1871;  Katieications  Exchanged  June 
17,  1871 ;  Proclaimed  July  4,  1871. 


By  the  President  of  the  United  States  of  Arrwrka. 


Whereas  a  treaty  between  tlie  "fjnited  States  of  Amer- 
ica and  her  Majesty  the  Queen  of  the  United  Kingdom 
of  Great  Britain  and  Ireland,  concernmg  the  settlement 
of  all  causes  of  difference  between  the  two  countries,  was 
concluded  and  signed  at  Washington  by  the  high  commis- 
sioners and  plenipotentiaries  of  the  respective  Govern- 
ments on  the  8th  day  of  May  last ;  which  treaty  is,  word 
for  word,  as  follows  : 

The  United  States  of  America  and  her  Britannic  Majesty, 
being  desirous  to  provide  for  an  amicable  settlement  of 
all  causes  of  difference  between  the  two  countries,  have 
for  that  purpose  appointed  their  respective  plenipotenti- 
aries, that  is  to  say :  the  President  of  the  United  States 
has  appointed,  on  the  part  of  the  United  States,  as_  com- 
missioners in  a  joint  high  commission  and  plenipotentiaries, 
Hamilton  Fish,  Secretary  of  State ;  Kobert  Gumming 
Schenck,  envoy  extraordinary  and  minister  plenipotentiary 
to  Great  Britain ;  Samuel  Nelson,  an  associate  justice  of 
the  Supreme  Court  of  the  United  States;  Ebenezer  Eock- 

362 


UNITED  STATES  AND  GREAT  BRITAIN.  363 

wood  Hoar,  of  Massachusetts ;  and  George  Henry  Wil- 
liams, of  Oregon  ;  and  her  Britanic  Majesty,  on  her  part, 
has  appomted  as  her  high  commissioners  and  plenipotenti- 
aries the  right  honorable  George  Frederick  Samuel,  Earl 
de  Grey  and  Earl  of  Ripon,  Viscount  Goderich,  Baron 
Grantham,  a  baronet,  a  peer  of  the  United  Kingdom,  lord 
president  of  her  Majesty's  most  honorable  Privy  Council, 
knight  of  the  most  noble  order  of  the  Garter,  etc. ;  the 
right  honorable  Sir  Stafford  Henry  Northcote,  baronet, 
one  of  her  Majesty's  most  honorable  Privy  Council,  a 
member  of  Parliament,  a  companion  of  the  most  honora- 
ble order  of  the  Bath,  etc.;  Su-  Edward  Thornton,  knight 
commander  of  the  most  honorable  order  of  the  Bath,  her 
Majesty's  envoy  extraordinary  and  minister  plenipotentiary 
to  the  United  States  of  America;  Sir  John  Alexander 
Macdonald,  knight  commander  of  tne  most  honorable 
order  of  the  Bath,  a  member  of  her  Majesty's  Privy 
Council  for  Canada,  and  minister  of  justice  and  attorney- 
general  of  her  Majesty's  Dommion  of  Canada ;  and  Mon- 
tague Bernard,  Esq.,  Chichele  professor  of  international 
law  in  the  University  of  Oxford. 

And  the  said  plenipotentiaries,  after  having  exchanged 
their  full  powers,^ which  were  found  to  be  in  due  and 
proper  form,  have  'agreed  to  and  concluded  the  following 
articles : 

ARTICLE  I. 

Whereas  differences  have  arisen  between  the  Govern- 
ment of  the  United  States  and  the  Government  of  her 
Britannic  Majesty,  and  still  exist,  growing  out  of  the  acts 
committed  by  the  several  vessels  which  have  given  rise  to 
the  claims  generically  known  as  the  "Alabama  claims;" 

^  And  whereas  her  Britannic  Majesty  has  authorized  her 
high  commissioners  and  plenipotentiaries  to  express,  in  a 
friendly  spirit,  the  regret  felt  by  her  Majesty's  Govern- 
ment for  the  escape,  under  whatever  circumstances,  of  the 
Alabama  and  other  vessels  from  British  ports,  and  for  the 
depredations  committed  by  those  vessels : 

Now,  in  order  to  remove  and  adjust  all  complaints  and 
claims  on  the  part  of  the  United  States,  and  to  provide 


364  UNITED  STATES  AND  GEE  AT  BEITAIN. 


for  the  speedy  settlement  of  such  claims  which  are  not 
admitted  by  her  Britannic  Majesty's  Government,  the 
high  contracting  parties  agree  that  all  the  said  claims, 
growing  out  of  acts  committed  by  the  aforesaid  vessels 
and  generically  known  as  the  "  Alabama  claims,"  shall  be 
referred  to  a  tribunal  of  arbitration,  to  be  composed  of  five 
arbitrators,  to  be  appointed  in  the  following  manner,  that 
is  to  say:  one  shall  be  named  by  the  President  of  the 
United  States;  one  shall  be  named  by  her  Britannic 
Majesty ;  his  Majesty  the  King  of  Italy  shall  be  requested 
to  name  one ;  the  President  of  the  Swiss  Confederation 
shall  be  requested  to  name  one ;  and  his  Majesty  the 
Emperor  of  Brazil  shall  be  requested  to  name  one.  -  / 

In  case  of  the  death,  absence,  or  incapacity  to  serve  of 
any  or  either  of  the  said  arbitrators,  or,  in  the  event  of 
either  of  the  said  arbitrators  omitting  or  declining  or  ceas- 
ing to  act  as  such,  the  President  of  the  United  States,  or 
her  Britannic  Majesty,  or  his  Majesty  the  King  of  Italy, 
or  the  President  of  the  Swiss  Confederation,  or  his  Majesty 
the  Emperor  of  Brazil,  as  the  case  may  be,  may  forthwith 
name  another  person  to  act  as  arbitrator  in  the  place  and 
stead  of  the  arbitrator  originally  named  by  such  head  of 
a  State. 

And  in  the  event  of  the  refusal  or  omission  for  two 
months  after  receipt  of  the  request  from  either  of  the 
high  contracting  parties  of  his  Majesty  the  King  of  Italy, 
or  the  President  of  the  Swiss  Confederation,  or  his  Majesty 
the  Emperor  of  Brazil,  to  name  an  arbitrator  either  to 
fill  the  original  appointment  or  in  the  place  of  one  who 
may  have  died,  be  absent,  or  incapacitated,  or  who  may- 
omit,  decline,  or  from  any  cause  cease  to  act  as  such  arbi- 
trator, his  Majesty  the  King  of  Sweden  and  Norway  shall 
be  requested  to  name  one  or  more  persons,  as  the  case  may 
be,  to  act  as  such  arbitrator  or  arbitrators. 

ARTICLE  n. 

The  arbitrators  shall  meet  at  Geneva,  in  Switzerland,  at 
the  earliest  convenient  day  after  they  shall  have  been 
named,  and  shall  proceed  impartially  and  carefully  to 


UNITED  STATES  AND  GREAT  BRITAIN. 


365 


examine  and  decide  all  questions  that  shall  be  laid  before 
them  on  the  part  of  the  Governments  of  the  United 
btates  and  her  Britannic  Majesty  respectively.  All  ques- 
tions considered  by  the  tribunal,  including  the  final  award, 
shall  be  decided  by  a  majority  of  all  the  arbitrators. 

Each  of  the  high  contracting  parties  shall  also  name 
one  person  to  attend  the  tribunal  as  its  agent  to  represent 
It  generally  in  all  matters  connected  with  the  arbitration. 


ARTICLE  in. 

The  written  or  printed  case  of  each  of  the  two  parties, 
accompanied  by  the  documents,  the  official  correspondence,' 
and  other  evidence  on  which  each  relies,  shall  be  delivered 
m  duplicate  to  each  of  the  arbitrators  and  to  the  agent  of 
the  other  party  as  soon  as  may  be  after  the  organization 
of  the  tribunal,  but  within  a  period  not  exceeding  six 
months  from  the  date  of  the  exchange  of  the  ratifications 
of  this  treaty. 

ARTICLE  IV. 

Within  four  months  after  the  delivery  on  both  sides  of 
the  written  or  printed  case,  either  party  may,  in  like  man- 
ner, deliver  in  duplicate  to  each  of  the  said  arbitrators, 
and  to  the  agent  of  the  other  party,  a  counter  case  and 
additional  documents,  correspondence,  and  evidence,  in 
reply  to  the  case,  documents,  correspondence,  and  evi- 
dence so  presented  by  the  other  party. 

The  arbitrators  may,  however,  extend  the  time  for 
delivering  such  counter  case,  documents,  correspondence, 
and  evidence,  when,  in  their  judgment,  it  becomes  neces- 
sary, in  consequence  of  the  distance  of  the  place  from 
which  the  evidence  to  be  presented  is  to  be  procured. 

If  in  the  case  submitted  to  the  arbitrators  either  party 
shall  have  specified  or  alluded  to  any  report  or  document 
in  its  own  exclusive  possession  without  annexing  a  copy, 
such  party  shall  be  bound,  if  the  other  party  thinks  proper 
to  apply  for  it,  to  furnish  that  party  with  a  copy  thereof; 
and  either  party  may  call  upon  the  other,  through  the 


366  UNITED  STATES  JlND  GREAT  BRITAIN. 


arbitrators,  to  produce  the  originals  or  certified  copies  of 
any  papers  adduced  as  evidence,  giving  in  each  instance 
such  reasonable  notice  as  the  arbitrators  may  require. 

ARTICLE  V. 

It  shall  be  the  duty  of  the  agent  of  each  party,  within 
two  months  after  the  expiration  of  the  time  limited  for 
the  delivery  of  the  counter  case  on  both  sides,  to  deliver 
in  duplicate  to  each  of  the  said  arbitrators  and  to  the 
agent  of  the  other  party  a  written  or  printed  argument 
showing  the  points  and  referring  to  the  evidence  upon 
which  his  Government  relies;  and  the  arbitrators  may,  if 
they  desire  further  elucidation  with  regard  to  any  point, 
require  a  written  or  printed  statement  or  argument,  or 
oral  argument  by  counsel  upon  it ;  but  in  such  case  the 
other  party  shall  be  entitled  to  reply  either  orally  or  in 
writing,  as  the  case  may  be. 

ARTICLE  VI. 

In  deciding  the  matters  submitted  to  the  arbitrators, 
they  shall  be  governed  by  the  following  three  rules,  which 
are  agreed  upon  by  the  high  contracting  parties  as  rules 
to  be  taken  as  applicable  to  the  case,  and  by  such  princi- 
ples of  international  law  not  inconsistent  therewith  as  the 
arbitrators  shall  determine  to  have  been  applicable  to  the 
case. 

Rules. 

A  neutral  Government  is  bound  — 

First,  to  use  due  diligence  to  prevent  the  fitting  out, 
arming,  or  equipping,  within  its  jurisdiction,  of  any  vessel 
which  it  has  reasonable  ground  to  believe  is  intended  to 
cruise  or  to  carry  on  war  against  a  Power  with  which  it 
is  at  peace ;  and  also  to  use  like  diligence  to  prevent  the 
departure  from  its  jurisdiction  of  any  vessel  intended  to 
cruise  or  carry  on  war  as  above,  such  vessel  having  been 
specially  adapted,  in  whole  or  in  part,  within  such  juris« 
diction,  to  warlike  use. 


UNITED  STATES  AND  GREAT  BEITAIN. 


367 


Secondly,  not  to  permit  or  suffer  either  belligerent  to 
make  use  of  its  ports  or  waters  as  the  base  of  naval  opera- 
tions against  the  other,  or  for  the  purpose  of  the  renewal 
or  augmentation  of  military  supplies  or  arms,  or  the 
recruitment  of  men. 

Thirdly,  to  exercise  due  diligence  in  its  own  ports  and 
waters,  and,  as  to  all  persons  within  its  jurisdiction,  to 
prevent  any  violation  of  the  foregoing  obligations  and 
duties. 

Her  Britannic  Majesty  has  commanded  her  high  com- 
missioners and  plenipotentiaries  to  declare  that  her  Majes- 
ty's Government  can  not  assent  to  the  foregoing  rules  as  a 
statement  of  principles  of  international  law  which  were  in 
force  at  the  time  when  the  claims  mentioned  in  Article  I 
arose,  but  that  her  Majesty's  Government,  in  order  to 
evince  its  desire  of  strengthening  the  friendly  relations 
between  the  two  countries,  and  of  making  satisfactory 
provision  for  the  future,  agrees  that  in  deciding  the  ques- 
tions between  the  two  countries  arising  out  of  those  claims 
the  arbitrators  should  assume  that  her  Majesty's  Govern- 
ment had  undertaken  te  act  upon  the  principles  set  forth 
in  these  rules. 

And  the  high  contracting  parties  agree  to  observe  these 
rules  as  between  themselves  in  future,  and  to  bring  them 
to  the  knowledge  of  other  maritime  Powers,  and  to  invite 
them  to  accede  to  them. 

ARTICLE  Vn. 

The  decision  of  the  tribunal  shall,  if  possible,  be  made 
within  three  months  from  the  close  of  the  argument  on 
both  sides. 

^  It  shall  be  made  in  writing  and  dated,  and  shall  be 
signed  by  the  arbitrators  who  may  assent  to  it. 

The  said  tribunal  shall  first  determine  as  to  each  vessel 
separately  whether  Great  Britain  has,  by  any  act  or  omis- 
sion, failed  to  fulfill  any  of  the  duties  set  forth  in  the 
foregoing  three  rules,  or  recognized  by  the  principles  of 
international  law  not  inconsistent  with  such  rules,  and 
shall  certify  such  fact  as  to  each  of  the  said  vessels.  In 


368  UmTED  STATES  AND  GEEAT  BRITAIN. 

case  the  tribunal  find  that  Great  Britain  has  failed  to  ful- 
fill any  duty  or  duties  as  aforesaid,  it  may,  if  it  think 
proper,  proceed  to  award  a  sum  in  gross  to  be  paid  by 
Great  Britain  to  the  United  States  for  all  the  claims 
referred  to  it ;  and  in  such  case  the  gross  sum  so  awarded 
shall  be  paid  in  coin  by  the  Government'  of  Great  Britain 
to  the  Government  of  the  United  States,  at  Washington, 
within  twelve  months  after  the  date  of  the  award. 

The  award  shall  be  in  duplicate,  one  copy  whereof  shall 
be  delivered  to  the  agent  of  the  United  States  for  his 
Government,  and  the  other  copy  shall  be  delivered  to  the 
agent  of  Great  Britain  for  his  Government. 

AETiCLE  vm. 

Each  government  shall  pay  its  own  agent  and  provide 
for  the  proper  remuneration  of  the  counsel  employed  by 
it,  and  for  tha  arbitrator  appointed  by  it,  and  for  the 
expense  of  preparing  and  submitting  its  case  to  the 
tribunal.  All  other  expenses  connected  with  the  arbitra- 
tion shall  be  defrayed  by  the  two  Governments  in  equal 
moieties. 

AETICLE  IX. 

The  arbitrators  shall  keep  an  accurate  record  of  their 
proceedings,  and  may  appoint  and  employ  the  necessary 
officers  to  assist  them. 

AETICLE  X. 

In  case  the  tribunal  finds  that  Great  Britain  has  failed 
to  fulfill  any  duty  or  duties  as  aforesaid,  and  does  not 
award  a  sum  in  gross,  the  high  contracting  parties  agree 
that  a  board  of  assessors  shall  be  appointed  to  ascertain 
and  determine  what  claims  are  valid,  and  what  amount  or 
amounts  shall  be  paid  by  Great  Britain  to  the  United 
States  on  account  of  the  liability  arising  from  such  failure, 
as  to  each  vessel,  according  to  the  extent  of  such  liability 
as  decided  by  the  arbitrators. 


UNITED  STATES  AND  GREAT  BRITAIN. 


369 


The  board  of  assessors  shall  be  constituted  as  follows  : 
one  member  thereof  shall  be  named  by  the  President  of 
the  United  States,  one  member  thereof  shall  be  named  by 
her  Britannic  Majesty,  and  one  member  thereof  shall  be 
named  by  the  representative  at  Washington  of  his  Majesty 
the  King  of  Italy ;  and  in  case  of  a  vacancy  happening 
from  any  cause,  it  shall  be  filled  in  the  same  manner  in 
which  the  original  appointment  was  made. 

As  soon  as  possible  after  such  nominations  the  board  of 
assessors  shall  be  organized  in  AYashington,  with  power  to 
hold  their  sittings  there,  or  in  Xew  York,  or  in  Boston. 
The  members  thereof  shall  severally  subscribe  a  solemn 
declaration  that  they  will  impartially  and  carefully  exam- 
ine and  decide,  to  the  best  of  theii'  judgment  and  according 
to  justice  and  equity,  all  matters  submitted  to  them,  and 
shall  forthwith  proceed,  imder  such  rules  and  regulations 
as  they  may  prescribe  to  the  investigation  of  the  claims 
which  shall  be  presented  to  them  by  the  Government  of 
the  United  States,  and  shall  examine  and  decide  upon 
them  in  such  order  and  manner  as  they  may  think  proper, 
but  upon  such  evidence  or  information  only  as  shall  be 
furnished  by  or  on  behalf  of  the  Governments,  of  the 
United  States  and  of  Great  Britain,  respectively.  They 
shall  be  bound  to  hear  on  each  separate  claim,  if  required, 
one  person  on  behalf  of  each  Government,  as  counsel  or 
agent.  A  majority  of  the  assessors  in  each  case  shall  be 
sufiicient  for  a  decision. 

The  decision  of  the  assessors  shall  be  given  upon  each 
claim  in  writing,  and  shall  be  signed  by  them  respectively 
and  dated. 

Every  claim  shall  be  presented  to  the  assessors  within 
six  months  from  the  day  of  their  fii'st  meeting,  but  they 
may,  for  good  cause  shown,  extend  the  time  for  the  pre- 
sentation of  any  claim  to  a  further  period  not  exceeding 
thi'ee  months. 

The  assessors  shall  report  to  each  Government  at  or 
before  the  expu-ation  of  one  year  from  the  date  of  their 
first  meeting  the  amount  of  claims  decided  by  them  up  to 
the  date  of  such  report.  If  further  claims  then  remain 
undecided,  they  shall  make  a  further  report  at  or  before 


370  UNITED  STATES  AND  GREAT  BRITAIN. 

the  expiration  of  two  years  from  the  date  of  such  first 
meeting,  and  in  case  any  claims  remain  undetermined  at 
that  time  they  shall  make  a  final  report  within  a  further 
period  of  six  months. 

The  report  or  reports  shall  be  made  in  duplicate,  and 
one  copy  thereof  shall  be  delivered  to  the  Secretary  of 
State  of  the  United  States,  and  one  copy  thereof  to  the 
representative  of  her  Britannic  Majesty  at  Washington. 

All  sums  of  money  which  may  be  awarded  under  this 
article  shall  be  payable  at  Washington,  in  coin,  within 
twelve  months  after  the  delivery  of  each  report. 

The  board  of  assessors  may  employ  such  clerks  as  they 
shall  think  necessary. 

The  expenses  of  the  board  of  assessors  shall  be  borne 
equally  by  the  two  Governments,  and  paid  from  time  to 
time,  as  may  be  found  expedient,  on  the  production  of 
accounts  certified  by  the  board.  The  remuneration  of  the 
assessors  shall  also  be  paid  by  the  two  Governments  in 
equal  moieties  in  a  similar  manner. 

ARTICLE  XI. 

The  high  contracting  *  parties  engage  to  consider  the 
result  of  the  proceedings  of  the  tribunal  of  arbitration  and 
of  the  board  of  assessors,  should  such  board  be  appointed, 
as  a  full,  perfect,  and  final  settlement  of  all  the  claims 
hereinbefore  referred  to ;  and  further  engage  that  every 
such  claim,  whether  the  same  may  or  may  not  have  been 
presented  to  the  notice  of,  made,  preferred,  or  laid  before 
the  tribunal  or  board  shall,  from  and  after  the  conclusion 
of  the  proceedings  of  the  tribunal  or  board,  be  considered 
and  treated  as  finally  settled,  barred,  and  thenceforth 
inadmissible. 

ARTICLE  Xn. 

The  high  contracting  parties  agree  that  all  claims  on 
the  part  of  corporations,  companies,  or  private  individuals, 
citizens  of  the  United  States,  upon  the  Government  of 
her  Britannic  Majesty,  arising  out  of  acts  committed 
against  the  persons  or  property  of  citizens  of  the  United 


UNITED  STATES  AND  GKEAT  BKITAIN. 


371 


States  during  the  period  between  the  13th  of  April,  1861, 
and  the  9th  of  April,  1865,  inclusive,  not  being  claims 
growing  out  of  the  acts  of  the  vessels  referred  to  in  Arti- 
cle I  of  this  treaty ;  and  all  claims,  with  the  like  excep- 
tion, on  the  part  of  corporations,  companies,  or  private 
individuals,  subjects  of  her  Britannic  Majesty,  upon  the 
Government  of  the  United  States,  arising  out  of  acts  com- 
mitted against  the  persons  or  property  of  subjects  of  her 
Britannic  Majesty  during  the  same  period  which  may  have 
been  presented  to  either  Government  for  its  interposition 
with  the  other,  and  which  yet  remain  unsettled,  as  well 
as  any  other  such  claims  which  may  be  presented  within 
the  time  specified  in  Article  XIY  of  this  treaty,  shall  be 
referred  to  three  commissioners,  to  be  appointed  in  the 
following  manner,  that  is  to  say :  one  commissioner  shall 
be  named  by  the  President  of  the  United  States,  one  by 
her  Britannic  Majesty,  and  a  third  by  the  President  of 
the  United  States  and  her  Britannic  Majesty  conjointly ; 
and  in  case  the  third  commissioner  shall  not  have  been'so 
named  within  a  period  of  three  months  from  the  date  of 
the  exchange  of  the  ratifications  of  this  treaty,  then  the 
third  commissioner  shall  be  named  by  the  representative 
at  Washington  of  his  Majesty  the  King  of  Spain.  In 
case  of  the  death,  absence,  or  incapacity  of  any  commis- 
sioner, or  in  the  event  of  any  commissioner  omitting  or 
ceasing  to  act,  the  vacancy  shall  be  filled  in  the  manner 
hereinbefore  provided  for  making  the  original  appomt- 
ment ;  the  period  of  three  months  ui  case  of  such  substi- 
tution being  calculated  from  the  date  of  the  happening  of 
the  vacancy. 

The  commissioners  so  named  shall  meet  at  Washington 
at  the  earliest  convenient  period  after  they  have  been 
respectively  named ;  and  shall,  before  proceeding  to  any 
busmess,  make  and  subscribe  a  solemn  declaration  that 
they  will  impartially  and  carefully  examine  and  decide, 
to  the  best  of  their  judgment  and  according  to  justice  and 
equity,  all  such  claims  as  shall  be  laid  before  them  on  the 
part  of  the  Governments  of  the  United  States  and  of  her 
Britannic  Majesty,  respectively ;  and  such  declaration  shall 
be  entered  on  the  record  of  their  proceedings. 


372  UNITED  STATES  AND  GREAT  BRITAIN. 


ARTICLE  Xm. 

The  commissioners  shall  then  forthwith  proceed  to  the 
investigation  of  the  claims  which  shall  be  presented  to 
them.  They  shall  investigate  and  decide  such  claims  in 
such  order  and  such  manner  as  they  may  think  proper, 
but  upon  such  evidence  or  information  only  as  shall  be 
furnished  by  or  on  behalf  of  the  respective  Governments. 
They  shall  be  bound  to  receive  and  consider  all  written 
documents  or  statements  which  may  be  presented  to  them 
by  or  on  behalf  of  the  respective  Governments  in  support 
of  or  ui  answer  to  any  claim,  and  to  hear,  if  requii-ed, 
one  person  on  each  side,  on  behalf  of  each  Government, 
as  counsel  or  agent  for  such  Government,  on  each  and 
every  separate  claim.  A  majority  of  the  commissioners 
shall  be  sufficient  for  an  award  in  each  case.  The  award 
shall  be  given  upon  each  claim  in  writing,  and  shall  be 
signed  by  the  commissioners  assenting  to  it.  It  shall  be 
competent  for  each  Government  to  name  one  person  to 
attend  the  commissioners  as  its  agent,  to  present  and  sup- 
port claims  on  its  behalf,  and  to  answer  claims  made  upon 
it,  and  to  represent  it  generally  in  all  matters  connected 
with  the  investigation  and  decision  thereof 

The  high  contracting  parties  hereby  engage  to  consider 
the  decision  of  the  commissioners  as  absolutely  final  and 
conclusive  upon  each  claim  decided  upon  by  them,  and  to 
give  full  effect  to  such  decisions  without  any  objection, 
evasion,  or  delay  whatsoever. 

ARTICLE  xrv. 

Every  claim  shall  be  presented  to  the  commissioners 
within  six  months  from  the  day  of  their  first  meeting, 
unless  in  any  case  where  reasons  for  delay  shall  be  estab- 
lished to  the  satisfaction  of  the  commissioners,  and  then, 
and  in  any  such  case,  the  period  for  presenting  the  claim 
may  be  extended  by  them  to' any  time  not  exceeding  three 
months  longer. 

The  commissioners  shall  be  bound  to  examine  and  decide 
upon  every  claim  within  two  years  from  the  day  of  their 


UNITED  STATES  AND  GREAT  BRITAIN. 


373 


first  meeting.  It  shall  be  competent  for  the  commissioners 
to  decide  in  each  case  whether  any  claim  has  or  has  not 
been  duly  made,  preferred,  and  laid  before  them,  either 
wholly  or  to  any  and  what  extent,  according  to  the  true 
intent  and  meaning  of  this  treaty. 

ARTICLE  XV.  • 

All  sums  of  money  which  may  be  awarded  by  the  com- 
missioners on  account  of  any  claim  shall  be  paid  by  the 
one  Government  to  the  other,  as  the  case  may  be,  within 
twelve  months  after  the  date  of  the  final  award,  without 
interest,  and  without  any  deduction,  save  as  specified  in 
Article  XYI  of  this  treaty. 

ARTICLE  XYI. 

The  commissioners  shall  keep  an  accurate  record,  and 
correct  minutes  or  notes  of  all  their  proceedings,  with  the 
dates  thereof,  and  may  appoint  or  employ  a  secretary,  and 
any  other  necessary  officer  or  officers  to  assist  them  in  the 
transaction  of  the  business  which  may  come  before  them. 

Each  Government  shall  pay  its  own  commissioner  and 
agent  or  counsel.  All  other  expenses  shall  be  defrayed  by 
the  two  Governments  in  equal  moieties. 

The  whole  expenses  of  the  commission,  including  con- 
tingent expenses,  shall  be  defrayed  by  a  ratable  deduction 
on  the  amount  of  the  sums  awarded  by  the  commissioners, 
provided  always  that  such  deduction  shall  not  exceed  the 
rate  of  five  per  cent,  on  the  sums  so  awarded. 

ARTICLE  xvn. 

The  high  contracting  parties  engage  to  consider  the 
result  of  the  proceedings  of  this  commission  as  a  full,  per- 
fect, and  final  settlement  of  all  such  claims  as  are  men- 
tioned in  Ai-ticle  XII  of  this  treaty  upon  either  Govern- 
ment ;  and  further  engage  that  every  such  claim,  whether 
or  not  the  same  may  have  been  presented  to  the  notice  of, 
made,  preferred,  or  laid  before  the  said  commission,  shaD, 


374 


UNITED  STATES  AND  GEEAT  BRITAIN. 


from  and  after  the  conclusion  of  the  proceedings  0/  the 
said  commission,  be  considered  and  treated  as  finally  set- 
tled, barred,  and  thenceforth  inadmissible. 

ARTICLE  XVIII. 

_  It  is  agreed  by  the  high  contracting  parties  that  in  addi- 
tion to  the  liberty  secured  to  the  United  States  fishermen 
by  the  convention  between  the  United  States  and  Great 
Britain,  signed  at  London  on  the  20th  day  of  October, 
1818,  of  taking,  curing,  and  drying  fish  on  certain  coasts 
of  the  British  North  American  colonies  therein  defined, 
the  inhabitants  of  the  United  States  shall  have,  in  com- 
mon with  the  subjects  of  her  Britannic  Majesty,  the  lib- 
erty, for  the  term  of  years  mentioned  in  Article  XXXIII 
of  this  treaty,  to  take  fish  of  every  kind,  except  shell  fish, 
on  the  sea-coasts  and  shores,,  and  in  the  bays,  harbors,  and 
creeks  of  the  provinces  of  Quebec,  Nova  Scotia,  and  New 
Brunswick,  and  the  colony  of  Prince  Edward's  Island, 
and  of  the  several  islands  thereunto  adjacent,  without 
being  restricted  to  any  distance  from  the  shore,  with  per- 
mission to  land  dpon  the  said  coasts  and  shores  and  islands, 
and  also  upon  the  Magdalen  Islands,  for  the  purpose  of 
drying  their  nets  and  curing  their  fish ;  provided  that  in 
so  doing  they  do  not  interfere  with  the  rights  of  private 
property,  or  with  British  fishermen  in  the  peaceable  use 
of  any  part  of  the  said  coasts  in  their  occupancy  for  the 
same  purpose. 

It  is  understood  that  the  above-mentioned  liberty  applies 
solely  to  the  sea  fishery,  and  that  the  salmon  and  shad 
fisheries,  and  all  other  fisheries  in  rivers  and  the  mouth 
of  rivers,  are  hereby  reserved  exclusively  for  British 
fishermen. 

ARTICLE  XrX. 

It  is  agreed  by  the  high  contracting  parties  that  British 
subjects  shall  have,  in  common  with  the  citizens  of  the 
United  States,  the  liberty,  for  the  term  of  years  men- 
tioned in  Article  XXXIII  of  this  treaty,  to  take  fish  of 
every  kind,  except  shell-fish,  on  the  eastern  sea-coasts  and 


UNITED  STATES  AND  GREAT  BRITAIN.  375 

Bhores  of  the  United  States  north  of  the  thirty-ninth  par- 
allel of  north  latitude,  and  on  the  shores  of  the  several 
islands  thereunto  adjacent,  and  in  the  bays,  harbors,  and 
creeks  of  the  said  sea-coasts  and  shores  of  the  United 
States  and  of  the  said  islands,  without  being  restricted  to 
any  distance  from  the  shore,  with  permission  to  land  upon 
the  said  coasts  of  the  United  States  and  of  the  islands 
aforesaid,  for  the  purpose  of  dryiug  their  nets  and  curing 
their  fish ;  provided  that,  in  so  doing,  they  do  not  inter- 
fere with  the  rights  of  private  property,  or  with  the  fisher- 
men of  the  United  States  in  the  peaceable  use  of  any 
part  of  the  said  coasts  in  their  occupancy  for  the  same 
purpose. 

It  is  understood  that  the  above-mentioned  liberty  applies 
solely  to  the  sea  fishery,  and  that  salmon  and  shad  fisher- 
ies, and  all  other  fisheries  in  rivers  and  mouth  of  rivers, 
are  hereby  reserved  exclusively  for  fishermen  of  the 
United  States. 

ARTICLE  XX. 

It  is  agreed  that  the  places  designated  by  the  commis- 
sioners appointed  under  the  first  article  of  the  treaty 
between  the  United  States  and  Great  Britain,  concluded 
at  Washington  on  the  5th  of  June,  1854,  upon  the  coasts 
of  her  Britannic  Majesty's  dominions  and  the  United 
States,  as  places  reserved  from  the  common  right  of  fishing 
under  that  treaty,  shall  be  regarded  as  in  like  manner 
reserved  from  the  common  right  of  fishing  under  the  pre- 
ceding articles.  In  case  any  question  should  arise  between 
the  Governments  of  the  United  States  and  of  her  Britan- 
nic Majesty  as  to  the  common  right  of  fishing  in  places 
not  thus  designated  as  reserved,  it  is  agreed  that  a  commis- 
sion shall  be  appointed  to  designate  such  places,  and  shall 
be  constituted  in  the  same  manner  and  have  the  same 
powers,  duties,  and  authority  as  the  commission  appointed 
under  the  said  first  article  of  the  treaty  of  the  5th  of 
June,  1854. 

ARTICLE  XXI. 

It  is  agreed  that,  for  the  term  of  years  mentioned  in 
Aj-ticle  XXXIII  of  this  treaty,  fish  oil  and  fish  of  all 


376  UNITED  STATES  AND  GREAT  BRITAIN. 


kinds,  (except  fish  of  the  inland  lakes,  and  of  the  rivers 
falling  into  them,  and  except  fish  preserved  in  oil,)  being 
the  produce  of  the  fisheries  of  the  United  States,  or  of 
the  Dominion  of  Canada,  or  of  Prince  Edward's  Island, 
shall  be  admitted  into  each  country,  respectively,  free  of 
duty. 

ARTICLE  XXn. 

Inasmuch  as  it  is  asserted  by  the  Government  of  her 
Britannic  Majesty  that  the  privileges  accorded  to  the  citi- 
zens of  the  United  States  under  Article  XVIII  of  this 
treaty  are  of  greater  value  than  those  accorded  by  Articles 
XIX  and  XXI  of  this  treaty  to  the  subjects  of  her  Bri- 
tannic Majesty,  and  this  assertion  is  not  admitted  by  the 
Government  of  the  United  States,  it  is  further  agreed 
that  commissioners  shall  be  appointed  to  determine,  having 
regard  to  the  privileges  accorded  by  the  United  States  to 
the  subjects  of  her  Britannic  Majesty,  as  stated  in  Articles 
XIX  and  XXI  of  this  treaty,  the  amount  of  any  compen- 
sation which,  in  their  opinion,  ought  to  be  paid  by  the 
Government  of  the  United  States  to  the  Government  of 
her  Britannic  Majesty  in  return  for  the  privileges  accorded 
to  the  citizens  of  the  United  States  under  Article  XVIII 
of  this  treaty;  and  that  any  sum  of  money  which  the 
said  commissioners  may  so  award  shall  be  paid  by  the 
United  States  Government,  in  a  gross  sum,  within  twelve 
months  after  such  award  shaU  have  been  given. 

ARTICLE  XXm. 

The  commissioners  referred  to  in  the  preceding  article 
shall  be  appointed  in  the  following  manner,  that  is  to  say: 
one  commissioner  shall  be  named  by  the  President  of  the 
United  States,  one  by  her  Britannic  Majesty,  and  a  third 
by  the  President  of  the  United  States  and  her  Britannic 
Majesty  conjointly,  and  in  case  the  third  commissioner 
shall  not  have  been  so  named  within  a  period  of  three 
months  from  the  date  when  this  article  shall  take  effect, 
then  the  third  commissioner  shall  be  named  by  the  repre- 


UNITED  STATES  AND  GREAT  BKETATN'.  377 

sentative  at  London  of  his  Majesty  the  Emperor  of  Austria 
and  King  of  Hungary.  In  case  of  the  death,  absence,  or 
incapacity  of  any  commissioner,  or  in  the  event  of  any 
commissioner  omitting  or  ceasing  to  act,  the  vacancy  shall 
be  filled  in  the  manner  hereinbefore  provided  for  making 
the  original  appointment,  the  period  of  three  months  in 
case  of  such  substitution  being  calculated  from  the  date  of 
the  happening  of  the  vacancy. 

The  commissioners  so  named  shall  meet  in  the  city  of 
Halifax,  in  the  province  of  Nova  Scotia,  at  the  earliest 
convenient  period  after  they  have  been  respectively  named, 
and  shall,  before  proceeding  to  any  business,  make  and 
subscribe  a  solemn  declaration  that  they  will  impartially 
and  carefully  examine  the  matters  referred  to  them  to  the 
best  of  their  judgment,  and  according  to  justice  and 
equity ;  and  such  declaration  shall  be  entered  on  the  record 
of  their  proceedings. 

Each  of  the  high  contracting  parties  shall  also  name 
one  person  to  attend  the  commission  as  its  agent,  to  repre- 
sent it  generally  in  all  matters  connected  with  the  com- 
mission. 

ARTICLE  XXIV. 

The  proceedings  shall  be  conducted  in  such  order  as  the 
commissioners  appointed  under  Articles  XXII  and  XXHI 
of  this  treaty  shaU  determine.  They  shall  be  bound  to 
receive  such  oral  or  written  testimony  as  either  Govern- 
ment may  present.  If  either  party  shaU  ofier  oral 
testimony,  the  other  party  shall  have  the  right  of  cross- 
examination,  under  such  rules  as  the  commissioners  shall 
prescribe. 

If  in  the  case  submitted  to  the  commissioners  either 
party  shall  have  specified  or  alluded  to  any  report  or  docu- 
ment in  its  own  exclusive  possession,  without  annexing  a 
copy,  such  party  shall  be  bound,  if  the  other  party  thinks 
proper  to  apply  for  it,  to  furnish  that  party  with  a  copy 
thereof;  and  either  party  may  call  upon  the  other, 
through  the  commissioners,  to  produce  the  originals  or 
certified  copies  of  any  papers  adduced  as  evidence,  giving 
32 


378  UNITED  SEATES  AND  GEEAT  BEITAIN. 

in  eacli  instance  sucli  reasonable  notice  as  tlie  commission 
ers  may  require. 

The  case  on  either  side  shall  be  closed  within  a  period 
of  six  months  from  the  date  of  the  organization  of  the 
commission,  and  the  commissioners  shall  be  requested  to 
give  their  award  as  soon  as  possible  thereafter.  The 
aforesaid  period  of  six  months  may  be  extended  for  three 
months  in  case  of  a  vacancy  occurring  among  the  commis- 
sioners under  the  circumstances  contemplated  in  Article 
XXin  of  this  treaty. 

ARTICLE  XXV. 

The  commissioners  shall  keep  an  accurate  record  and 
correct  minutes  or  notes  of  all  their  proceedings,  with  the 
dates  thereof,  and  may  appoint  and  employ  a  secretary 
and  any  other  necessary  officer  or  officers  to  assist  them 
in  the  transaction  of  the  business  which  may  come  before 
them. 

Each  of  the  high  contracting  parties  shall  pay  its  own 
commissioner  and  agent  or  counsel;  all  other  expenses 
shall  be  defrayed  by  the  two  Governments  in  equal 
moieties. 

ARTICLE  XXVI. 

The  navigation  of  the  river  St.  Lawrence,  ascending 
and  descending,  from  the  forty-fifth  parallel  of  north  lati- 
tude, where  it  ceases  to  form  the  boundary  between  the 
two  countries,  from,  to,  and  into  the  sea,  shall  forever 
remain  free  and  open  for  the  purposes  of  commerce  to  the 
citizens  of  the  United  States,  subject  to  any  laws  and  reg- 
ulations of  Great  Britain,  or  of  the  Dominion  of  Canada, 
not  inconsistent  with  such  privilege  of  free  navigation. 

The  navigation  of  the  rivers  Yukon,  Porcupine,  and 
Stikine,  ascending  and  descending,  from,  to,  and  into  the 
sea,  shall  forever  remain  free  and  open  for  the  purposes 
of  commerce  to  the  subjects  of  her  Britannic  Majesty  and 
to  the  citizens  of  the  United  States,  subject  to  any  laws 
and  regulations  of  either  country  within  its  own  territory, 
not  inconsistent  with  such  privilege  of  free  navigation. 


UNITED  STATES  AND  GREAT  BRITAIN.  379 


ARTICLE  XXVII. 

The  Government  of  her  Britannic  Majesty  engages  to 
urge  upon  the  Government  of  the  Dominion  of  Canada 
to  secure  to  the  citizens  of  the  United  States  the  use  of 
the  Welland,  St.  Lawrence,  and  other  canals  in  the 
Dominion  on  terms  of  equality  with  the  inhabitants  of 
the  Dominion ;  and  the  Government  of  the  United  States 
engages  that  the  subjects  of  her  Britannic  Majesty  shall 
enjoy  the  use  of  the  St.  Clair  Flats  canal  on  terms  of 
equality  with  the  inhabitants  of  the  United  States,  and 
further  engages  to  urge  upon  the  State  governments  to 
secure  to  the  subjects  of  her  Britannic  Majesty  the  use 
of  the  several  State  canals  connected  with  the  navigation 
of  the  lakes  or  rivers  traversed  by  or  contiguous  to  the 
boundary  line  between  the  possessions  of  the  high  con- 
tracting parties,  on  terms  of  equality  with  the  inhabitants 
of  the  United  States. 

ARTICLE  XXVni. 

The  navigation  of  Lake  Michigan  shall  also,  for  the 
term  of  years  mentioned  in  Article  XXXIII  of  this 
treaty,  be  free  and  open  for  the  purposes  of  commerce  to 
the  subjects  of  her  Britannic  Majesty,  subject  to  any  laws 
and  regulations  of  the  United  States  or  of  the  States  bor- 
dering thereon,  not  inconsistent  with  such  privilege  of  free 
navigation. 

ARTICLE  XXIX. 

It  is  agreed  that,  for  the  term  of  years  mentioned  in 
Article  XXXIII  of  this  treaty,  goods,  wares,  or  merchan- 
dise' arriving  at  the  ports  of  New  York,  Boston,  and  Port- 
land, and  any  other  ports  in  the  United  States  which  have 
been  or  may,  from  time  to  time,  be  specially  designated 
by  the  President  of  the  United  States,  and  destined  for 
her  Britannic  Majesty's  possessions  in  North  America, 
may  be  entered  at  the  proper  custom-house  and  conveyed 
in  transit,  without  the  payment  of  duties,  through  the 
territory  of  the  United  States,  under  such  rules,  regula- 


380 


UNITED  STATES  AND  GEE  AT  BRITAIN. 


tions  and  conditions  for  the  protection  of  the  revenue  as 
the  Government  of  the  United  States  may,  from  time  to 
time  prescribe  •  and  under  like  rules,  regulations,  and 
conditions,  goods,  wares,  or  merchandise  may  be  conveyed 
in  transit  without  the  payment  of  duties,  from  such  pos- 
sessions through  the  territory  of  the  United  States  for 
expert  from  the  said  ports  of  the  United  States. 

It  IS  further  agreed  that,  for  the  like  period,  ^oods 
wares,  or  merchandise  arriving  at  any  of  the  ports  of  her 
Britannic  Majesty's  possessions  in  North  America,  and 
destined  for  the  United  States,  may  be  entered  at  the 
proper  custom-house  and  conveyed  in  transit,  without  the 
payment  of  duties,  through  the  said  possessions,  under 
such  rules  and  regulations  and  conditions  for  the  protection 
of  the  revenue  as  the  Governments  of  the  said  possessions 
may  from  time  to  time,  prescribe;  and,  under  like  rules 
regulations,  and  conditions,  goods,  wares,  or  merchandise 
may  be  conveyed  in  transit,  without  payment  of  duties, 
Irom  the  United  States  through  the  said  possessions  to 
other  places  m  the  United  States,  or  for  export  from  ports 
m  the  said  possessions. 

ARTICLE  XXX. 

It  is  agreed  that,  for  the  term  of  years  mentioned  in 
Article  XXXIII  of  this  treaty,  subjects  of  her  Britannic 
Majesty  may  carry  in  British  vessels,  without  payment  of 
duty,  goods,  wares,  or  merchandise  from  one  port  or  place 
withm  the  territory  of  the  United  States  upon  the  St. 
Lawrence,  the  great  lakes,  and  the  rivers  connecting  the 
same,  to  another  port  or  place  withm  the  territory  of  the 
United  States  as  aforesaid ;  provided,  that  a  portion  of 
such  transportation  is  made  through  the  Dommion  of  Can- 
ada by  land  carriage  and  in  bond,  under  ^uch  rules  and 
regulations  as  may  be  agreed  upon  between  the  Govern- 
ment of  her  Britannic  Majesty  and  the  Government  of  the 
United  States. 

Citizens  of  the  United  States  may,  for  the  like  period 
carry  m  United  States  vessels,  without  payment  of  duty,' 
goods,  wares,  or  merchandise  from  one  port  or  place  within 


UNITED  STATES  AND  GEEAT  BRITAIN. 


381 


the  possessions  of  her  Britannic  Majesty  in  North  America 
to  another  port  or  place  within  the  said  possessions ;  pro- 
rided,  that  a  portion  of  such  transportation  is  made 
through  the  territory  of  the  United  States  by  land  carriage 
and  m  bond,  under  such  rules  and  regulations  as  may  be 
agreed  upon  between  the  Government  of  the  United  States 
and  the  Government  of  her  Britannic  Majesty. 

The  Government  of  the  United  States  further  engages 
not  to  impose  any  export  duties  on  goods,  wares,  or 
merchandise  carried  under  this  article  through  the  territory 
of  the  United  States;  and  her  Majesty's  Government 
engages  to  urge  the  Parliament  of  the  Dominion  of  Can- 
ada and  the  legislatures  of  the  other  colonies  not  to  impose 
any  export  duties  on  goods,  wares,  or  merchandise  carried 
under  this  article ;  and  the  Government  of  the  United 
States  may,  in  case  such  export  duties  are  imposed  by  the 
Dommion  of  Canada,  suspend,  durmg  the  period  that 
such  duties  are  imposed,  the  right  of  carrying  granted 
under  this  article  in  favor  of  the  subjects  of  her  Britannic 
Majesty. 

^  The  Government  of  the  United  States  may  suspend  the 
nght  of  carrying  granted  in  favor  of  the  subjects  of  her 
Britannic  Majesty,  under  this  article,  in  case  the  Domin- 
ion of  Canada  should  at  any  time  deprive  the  citizens  of 
the  United  States  of  the  use  of  the  canals  in  the  said 
Dominion  on  terms  of  equahty  with  the  inhabitants  of 
the  Dominion,  as  provided  in  Article  XXVII. 


ARTICLE  XXXI. 

The  Government  of  her  Britannic  Majesty  further 
engages  to  urge  upon  the  Parliament  of  the  Dominion  of 
Canada  and  the  Legislature  of  New  Brunswick  that  no 
export  duty,  or  other  duty,  shaU  be  levied  on  lumber  or 
timber  of  any  kind  cut  on  that  portion  of  the  American 
territory  m  the  State  of  Mame  watered  by  the  river  St. 
John  and  its  tributaries,  and  floated  down  that  river  to 
the  sea,  when  the  same  is  shipped  to  the  United  States 
trom  the  provmce  of  New  Brunswick.  And  in  case  any 
such  export  or  other  duty  continues  to  be  levied  after  the 


382  UNITED  STATES  AND  GEEAT  BRITAIN. 

expiration  of  one  year  from  tlie  date  of  the  exchange  of 
the  ratifications  of  this  treaty,  it  is  agreed  that  the  Gov- 
ernment of  the  United  States  may  suspend  the  right  of 
carrying  hereinbefore  granted  under  Article  XXX  of 
this  treaty  for  such  period  as  such  export  or  other  duty 
may  be  levied. 

ARTICLE  XXXII. 

It  is  further  agreed  that  the  provisions  and  stipulations 
of  iVrticles  XVIII  to  XXV  of  this  treaty,  inclusive,  shall 
extend  to  the  colony  of  Newfoundland,  so  far  as  they  are 
applicable.  Bat  if  the  Imperial  Parliament,  the  Legis- 
lature of  Newfoundland,  or  the  Congress  of  the  United 
States,  shall  not  embrace  the  colony  of  Newfoundland  in 
their  laws  enacted  for  carrying  the  foregoing  articles  into 
effect,  then  this  article  shall  be  of  no  effect;  but  the  omis- 
sion to  make  provision  by  law  to  give  it  effect,  by  either 
of  the  legislative  bodies  aforesaid,  shall  not  in  any  way 
impair  any  other  articles  of  this  treaty. 

ARTICLE  XXXm. 

The  foregoing  Articles  XVIII  to  XXV  inclusive,  and 
Article  XXX  of  this  treaty,  shall  take  effect  as  soon  as 
the  laws  required  to  carry  them  into  operation  shall  have 
been  passed  by  the  Imperial  Parliament  of  Great  Britain, 
by  the  Parliament  of  Canada,  and  by  the  Legislature  of 
Prince  Edward's  Island  on  the  one  hand,  and  by  the 
Congress  of  the  United  States  on  the  other.  Such  assent 
having  been  given,  the  said  articles  shall  remain  in  force 
for  the  period  of  ten  years  from  the  date  at  which  they 
may  come  into  operation;  and  further,  until  the  expira- 
tion of  two  years  after  either  of  the  high  contracting 
parties  shall  have  given  notice  to  the  other  of  its  wish  to 
terminate  the  same,  each  of  the  high  contracting  parties 
being  at  liberty  to  give  such  notice  to  the  other  at  the 
end  of  the  said  period  of  ten.  years,  or  at  any  time  after- 
ward. 


UNITED  STATES  AND  GREAT  BRITATN". 


383 


ARTICLE  XXXIT. 

"WTiereas  it  was  stipulated  bv  Article  I  of  tlie  treaty 
concluded  at  Washington  on  the  15th  of  June,  1846, 
between  the  United  States  and  her  Britannic  ^Majesty,  that 
the  line  of  boundary  between  the  territories  of  the  United 
States  and  those  of  her  Britannic  Majesty,  fi'oni  the  point 
on  the  forty-ninth  parallel  of  north  latitude  up  to  which  it 
had  akeady  been  ascertained,  should  be  continued  west- 
ward along  the  said  parallel  of  north  latitude  "  to  the 
middle  of  the  channel  which  separates  the  continent  from 
Vancouver's  Island,  and  thence  southerly,  through  the 
middle  of  the  said  channel  and  of  Fuca  straits,  to  the 
Pacific  ocean;"  and  whereas  the  commissioners  appointed 
by  the  two  high  contracting  parties  to  determine  that 
portion  of  the  boundary  which  runs  southerly  tlii'ough  the 
middle  of  the  channel  aforesaid  were  unable  to  agree  upon 
the  same ;  and  whereas  the  Government  of  her  Britannic 
Majesty  claims  that  such  boundary  line  should,  under  the 
terms  of  the  treaty  above  recited,  be  run  through  the 
Rosario  straits,  and  the  Government  of  the  United  States 
claims  that  it  should  be  run  through  the  Canal  de  Haro, 
it  is  agreed  that  the  respective  claims  of  the  Government 
of  the  United  States  and  of  the  Government  of  her  Bri- 
tannic Majesty  shall  be  submitted  to  the  arbitration  and 
award  of  his  Majesty  the  Emperor  of  Germany,  who, 
having  regard  to  the  above-mentioned  article  of  the  said 
treaty,  shall  decide  thereupon,  finally  and  without  appeal, 
which  of  those  claims  is  most  in  accordance  with  the  true 
interpretation  of  the  treaty  of  June  15,  1846. 

AETICLE  XXXV. 

The  award  of  his  Majesty  the  Emperor  of  Germany 
shall  be  considered  as  absolutely  final  and  conclusive ; 
and  full  efiect  shall  be  given  to  such  award  wdthout  any 
objection,  evasion,  or  delay  whatsoever.  Such  decision 
shall  be  given  in  writing  and  dated ;  it  shall  be  in  what- 
soever form^his  Majesty  may  choose  to  adopt;  it  shall  be 
delivered  to  the  representatives  or  other  public  agents  of 


384  UNITED  STATES  AND  GKEAT  BEITAIN. 


the  United  States  and  of  6l^reat  Britain,  respectively,  who 
may  be  actually  at  Berlin,  and  shall  be  considered  as 
operative  from  the  day  of  the  date  of  the  delivery  thereof. 

ARTICLE  XXXVI. 

The  written  or  printed  case  of  each  of  the  two  parties, 
accompanied  by  the  evidence  offered  in  support  of  the 
same,  shall  be  laid  before  his  Majesty  the  Emperor  of 
Germany  within  six  months  from  the  date  of  the  exchange 
of  the  ratifications  of  this  treaty,  and  a  copy  of  such  case 
and  evidence  shall  be  communicated  by  each  party  to  the 
other,  through  their  respective  representatives  at  Berlin. 

The  high  contracting  parties  may  include  in  the  evidence 
to  be  considered  by  the  arbitrator  such  documents,  official 
correspondence,  and  other  official  or  public  statements 
bearing  on  the  subject  of  the  reference  as  they  may  con- 
sider necessary  to  the  support  of  their  respective  cases. 

After  the  written  or  printed  case  shall  have  been  com- 
municated by  each  party  to  the  other,  each  party  shall 
have  the  power  of  drawing  up  and  laying  before  the  arbi- 
trator a  second  and  definite  statement,  if  it  think  fit  to  do 
so,  in  reply  to  the  case  of  the  other  party  so  communi- 
cated, which  definite  statement  shall  be  so  laid  before  the 
arbitrator,  and  also  be  mutually  communicated  in  the 
same  manner  as  aforesaid,  by  each  party  to  the  other, 
within  six  months  from  the  date  of  laying  the  first  state- 
ment of  the  case  before  the  arbitrator.  ' 


ABTICLE  XXXVn. 

If,  in  the  case  submitted  to  the  arbitrator,  either  party 
shall  specify  or  allude  to  any  report  or  document  in  its 
own  exclusive  possession  without  annexing  a  copy,  such 
party  shall  be  bound,  if  the  other  party  thinks  proper  to 
apply  for  it,  to  furnish  that  party  with  a  copy  thereof, 
and  either  party  may  call  upon  the  other,  through  the 
arbitrator,  to  produce  the  originals  or  certified  copies  of 
any  papers  adduced  as  evidence,  giving  in  each  instance 


UNITED  STATES  AND  GEEAT  BEITAIN.  385 

such  reasonable  notice  as  the  arbitrator  may  require. 
And  if  the  arbitrator  should  desire  further  elucidation  or 
evidence  with  regard  to  any  point  contained  in  the  state- 
ments laid  before  him,  he  shall  be  at  liberty  to  require  it 
from  either  party,  and  he  shall  be  at  liberty  to  hear  one 
counsel  or  agent  for  each  party,  in  relation  to  any  matter, 
and  at  such  time  and  in  such  manner  as  he  may  think  fit. 

AETICLE  XXXVm. 

The  representatives  or  other  public  agents  of  the  United 
States  and  of  Great  Britain  at  Berlin,  respectively,  shall 
be  considered  as  the  agents  of  their  respective  Govern- 
ments to  conduct  their  cases  before  the  arbitrator,  who 
shall  be  requested  to  address  all  his  communications  and 
give  all  his  notices  to  such  representatives  or  other  public 
agents  who  shall  represent  their  respective  Governments, 
generally,  in  all  matters  connected  with  the  arbitration. 

ARTICLE  XXXIX. 

It  shall  be  competent  to  the  arbitrator  to  proceed  in  the 
said  arbitration,  and  all  matters  relating  thereto,  as  and 
when  he  shall  see  fit,  either  in  person,  or  by  a  person  or 
persons  named  by  him  for  that  purpose,  either  in  the 
presence  or  absence  of  either  or  both  agents,  and  either 
orally  or  by  written  discussion  or  otherwise. 

AETICLE  XL. 

The  arbitrator  may,  if  he  think  fit,  appoint  a  secretary, 
or  clerk,  for  the  purposes  of  the  proposed  arbitration,  at 
such  rate  of  remuneration  as  he  shall  think  proper.  This, 
and  all  other  expenses  of  and  connected  with  the  said 
arbitration,  shall  be  provided  for  as  hereinafter  stipulated. 

ARTICLE  XLI. 

The  arbitrator  shall  be  requested  to  deliver,  together 
with  his  award,  an  account  of  all  the  costs  and  expenses 
33  % 


386  UNITED  STATES  AND  QEEAT  BEITAIN'. 

whicli  lie  may  liave  been  put  to  in  relation  to  this  matter, 
which  shall  forthwith  be  repaid  by  the  two  Govemmenta 
in  equal  moieties. 

ARTICLE  XLH. 

The  arbitrator  shall  be  requested  to  give  his  award  in 
writing  as  early  as  convenient  after  the  whole  case  on 
each  side  shall  have  been  laid  before  him,  and  to  deliver 
one  copy  thereof  to  each  of  the  said  agents. 

ARTICLE  XLEH. 

The  present  treaty  shall  be  duly  ratified  by  the  Presi- 
dent of  the  United  States  of  America,  by  and  with  the 
adfice  and  consent  of  the  Senate  thereof,  and  by  her 
Britannic  Majesty ;  and  the  ratifications  shall  be  exchanged 
either  at  Washington  or  at  London  within  six  months  from 
the  date  hereof,  or  earlier  if  possible. 

In  faith  whereof,  we,  the  respective  plenipotentiaries, 
have  signed  this  treaty  and  have  hereunto  affixed  our 
seals. 

Done  in  duplicate  at  Washington  the  8th  day  of  May, 
in  the  year  of  our  Lord  1871. 


"l. 

S." 

Hamiltoist  Fish. 

L. 

s/ 

Robert  C.  Schenck. 

L. 

s.' 

Samuel  Nelson. 

L. 

Ebenezer  Rockwood  Hoar. 

L. 

s.' 

George  H.  Williams. 

L. 

s/ 

Db  Grey  &  Ripon. 

L. 

s._ 

Stafford  H.  Northcote. 

L. 

s.] 

Edward  Thornton. 

L. 

s/ 

John  A.  Macdonald. 

L. 

s. 

Mountague  Bernard. 

And  whereas  the  said  treaty  has  been  duly  ratified  on 
both  parts,  and  the,  respective  ratifications  of  the  same 
were  exchanged  in  the  city  of  London,  on  the  17th  day 
of  June,  1871,  by  Robert  C.  Schenck,  envoy  extraordinary 
and  minister  plenipotentiary  of  the  United  States,  and 


UNITED  STATES  AND  GKEAT  BRITAIN.  387 


Earl  Granville,  her  Majesty's  principal  Secretary  of  State 
for  Foreign  Affairs,  on  the  part  of  their  respective  Gov- 
ernments : 

Now,  therefore,  be  it  known  that  I,  Ulysses  S.  Grant, 
President  of  the  United  States  of  America,  have  caused 
the  said  treaty  to  be  made  public,  to  the  end  that  the 
same,  and  every  clause  and  article  thereof,  may  be  ob- 
served and  fulfilled  with  good  faith  by  the  United  States 
and  the  citizens  thereof. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and 
caused  the  seal  of  the  United  States  to  be  affixed. 

Done  at  the  city  of  Washington  this  4th  day  of  July, 
g^ooo^       ^  tlie  year  of  our  Lord  1871,  and  of  the 
|gEAL.|       Independence  of  the  United  States  the  ninety- 
sixth. 

U.  S.  Grant. 

By  the  President : 

Hamilton  Fish, 

Secretary  of  State. 


Arbitrator  on  the  part  of  the  United  States — Charles  Fran- 
cis Adams. 

Arbitrator  on  the  part  of  Cheat  Bintain — The  Right  Honor- 
able Sir  Alexander  Cockburn,  Baronet,  Lord  Chief  Justice  of 
England. 

Arbitrator  on  the  part  of  Italy— Ria  Excellency  Senator 
Count  ScLOPis. 

Arbitrator  on  the  ^art  of  Switzerland — Mr.  Jacob  Stampfli. 
Arbitrator  on  the  part  of  Brazil — Baron  D'Itajuba. 
Agent  on  the  part  of  the  United  States — ^J.  C.  Bancroft 
Davis. 

Agent  on  the  part  of  Great  Britain— Right  Honorable  Lord 
Tbnterden. 

Counsel  for  the  United  States — Caleb  Cushing,  William 
AI.  EvARTs,  Morrison  R.  Waite. 

Counsel  for  Great  Britain — Sir  Roundell  Palsier. 
Solicitor  for  the  United  States— Charles  C.  Beaman,  Jr 


ENFORCEMENT  ACT. 


An  Act  to  enforce  the  right  of  citizens  of  the  United  States  to 
vote  in  the  several  States  of  this  Union,  and  for  other  pur- 
poses. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That  all 
citizens  of  the  United  States  who  are  or  shall  be  otherwise 
o,nalified  by  law  to  vote  at  any  election  by  the  people  in 
any  State,  Territory,  district,  county,  city,  parish,  township, 
school  district,  municipality,  or  other  territorial  subdivision, 
shall  be  entitled  and  allowed  to  vote  at  all  such  elections, 
without  distinction  of  race,  color,  or  previous  condition  of 
servitude;  any  constitution,  law,  custom,  usage,  or  regula- 
tion of  any  State  or  Territory,  or  by  or  under  its  authority, 
to  the  contrary  notwithstanding. 

Sec.  2.  And  be  it  fuHher  enacted,  That  if  by  or  under  the 
authority  of  the  constitution  or  laws  of  any  State,  or  the 
laws  of  any  Territory,  any  act  is  or  shall  be  required  to  be 
done  as  a  prerequisite  or  qualification  for  voting,  and  by 
such  constitution  or  laws  persons  or  officers  are  or  shall  be 
charged  with  the  performance  of  duties  in  furnishing  to 
citizens  an  opportunity  to  perform  such  prerequisite,  or  to 
become  qualified  to  vote,  it  shall  be  the  duty  of  every  such 
person  and  officer  to  give  to  all  citizens  of  the  United  States 
the  same  and  equal  opportunity  to  perform  such  prere- 
quisite, and  to  become  qualified  to  vote  without  distinction 
of  race,  color,  or  previous  condition  of  servitude ;  and  if 
any  such  person  or  officer  shall  refuse  or  knowingly  omit 
to  give  full  efiect  to  this  section,  he  shall,  for  every  such 
offense,  forfeit  and  pay  the  sum  of  five  hundred  dollars  to 
the  person  aggrieved  thereby,  to  be  recovered  by  an  action 
on  the  case,  with  full  costs  and  such  allowance  for  counsel 
fees  as  the  court  shall  deem  just,  and  shall  also,  for  every 
Buch  offense,  be  deemed  guilty  of  a  misdemeanor,  and  shall, 
388 


ENTOECEMENT  ACT. 


389 


on  comdctiou  thereof,  be  fined  not  less  than  five  hundred 
dollars,  or  be  imprisoned  not  less  than  one  month  and  not 
more  than  one  year,  or  both,  at  the  discretion  of  the 
court 

Sec.  3.  Aiid  be  it  fwiJier  enacted,  That  whenever,  by  or 
under  the  authority  of  the  constitution  or  laws  of  any 
State,  or  the  laws  of  any  Territory,  any  act  is  or  shall  be 
required  to  [be]  done  by  any  citizen  as  a  prerequisite  to 
qualify  or  entitle  him  to  vote,  the  offer  of  any  such  citizen 
to  perform  the  act  required  to  be  done  as  aforesaid  shall, 
if  it  fail  to  be  carried  into  execution  by  reason  of  the 
wrongful  act  or  omission  aforesaid  of  the  person  or  officer 
charged  with  the  duty  of  receiving  or  permitting  such  per- 
formance or  offer  to  perform  or  acting  thereon,  be  deemed 
and  held  as  a  performance  in  law  of  such  act;  and  the 
person  so  offering  and  failing  as  aforesaid,  and  being  other- 
wise qualified,  shall  be  entitled  to  vote  in  the  same  manner, 
and  to  the  same  extent,  as  if  he  had  in  fact  performed  such 
act ;  and  any  judge,  inspector,  or  other  officer  of  election  whose 
duty  it  is  or  shall  be  to  receive,  count,  certify,  register,  re- 
port, or  give  effect  to  the  vote  of  any  such  citizen  who  shall 
wrongfully  refuse  or  omit  to  receive,  count,  certify,  register, 
report,  or  give  effect  to  the  vote  of  such  citizen  upon  the 
presentation  by  him  of  his  affidavit  stating  such  offer  and 
the  time  and  place  thereof,  and  the  name  of  the  officer  or 
person  whose  duty  it  was  to  act  thereon,  and  that  he  was 
wrongfully  prevented  by  such  person  or  officer  from  per- 
forming such  act,  shall  foi' every  such  offense  forfeit  and 
pay  the  sum  of  five  hundred  dollars  to  the  pei-son  ag- 
grieved thereby,  to  be  recovered  by  an  action  on  the  case, 
with  full  costs  and  such  allowance  for  counsel  fees  as  the 
court  shall  deem  just,  and  shall  also  for  every  such  offense 
be  guilty  of  a  misdemeanor,  and  shall,  on  conviction  thereof, 
be  fined  not  less  than  five  hundred  dollars,  or  be  imprisoned 
not  less  than  one  month  and  not  more  than  one  year,  or 
both,  at  the  discretion  of  the  court 

Sec.  4.  And  be  it  fuHher  enacted,  That  if  any  person,  by 
force,  bribery,  threats,  intimidation,  or  other  unlawful 
means,  shall  hinder,  delay,  prevent,  or  obstruct,  or  shall 
combine  and  confederate  with  others  to  hinder,  delay,  pre- 


390 


ENFOECEMENT  ACT. 


vent,  or  obstruct,  any  citizen  from  doing  any  act  required 
to  be  done  to  qualify  him  to  vote  or  from  voting  at  luj 
election  as  aforesaid,  such  person  shall  for  every  such 
offense  forfeit  and  pay  the  sum  of  five  hundred  dollars  to 
the  person  aggrieved  thereby,  to  be  recovered  by  an  action 
on  the  case,  with  full  costs  and  such  allowance  for  counsel 
fees  as  the  court  shall  deem  just,  and  shall  also  for  every 
such  offense  be  guilty  of  a  misdemeanor,  and  shall,  on  con- 
viction thereof,  be  fined  not  less  than  five  hundred  dollars, 
or  be  imprisoned  not  less  than  one  month  and  not  more 
than  one  year,  or  both,  at  the  discretion  of  the  court. 

Sec.  5.  Arid  be  it  further  enacted,  That  if  any  person 
shall  prevent,  hinder,  control,  or  intimidate,  or  shall  at- 
tempt to  prevent,  hinder,  control,  or  intimidate,  any  person 
from  exercising  or  in  exercising  the  right  of  sufirage,  to 
whom  the  right  of  sufirage  is  secured  or  guaranteed  by  the 
fifteenth  amendment  to  the  Constitution  of  the  United 
States,  by  means  of  bribery,  threats,  or  threats  of  depriv- 
ing such  person  of  employment  or  occupation,  or  of  eject- 
ing such  person  from  rented  house,  lands,  or  other  property, 
or  by  threats  of  refusing  to  renew  leases  or  contracts  for 
labor,  or  by  threats  of  violence  to  himself  or  family,^  such 
person  so  offending  shall  be  deemed  guilty  of  a  misde- 
meanor, and  shall,  on  conviction  thereof,  be  fined  not  less 
than  five  hundred  dollars,  or  be  imprisoned  not  less  than 
one  month,  and  not  more  than  one  year,  or  both,  at  the 
discretion  of  the  court. 

Sec.  6.  And  he  it  further  enacted.  That  if  tw^o  or  more 
persons  shall  band  or  conspire  together,  or  go  in  disguise 
upon  the  public  highway,  or  upon  the  premises  of  another, 
with  intent  to  violate  any  provision  of  this  act,  or  to  injure, 
oppress,  threaten,  or  intimidate  any  citizen  with  intent  to 
prevent  or  hinder  his  free  exercise  and  enjoyment  of  any 
right  or  privilege  granted  or  secured  to  him  by  the  Consti- 
tution or  laws  of  the  United  States,  or  because  of  his  having 
exercised  the  same,  such  persons  shall  be  held  guilty  of 
felony,  and,  on  conviction  thereof,  shall  be  fined  or  im- 
prisoned, or  both,  at  the  discretion  of  the  court — the  fine 
not  to  exceed  five  thousand  dollars,  and  the  imprisonment 
not  to  exceed  ten  years — and  shall,  moreover,  be  thereafter 


ENFORCEMENT  ACT.  391 

ineligible  to,  and  disabled  from  holding,  anj  office  or  place 
of  honor,  profit,  or  trust  created  by  the  Constitution  or 
laws  of  the  United  States. 

^  Sec.  7.  And  be  it  fuHher  enacted,  That  if  in  the  act  of 
violating  any  provision  in  either  of  the  two  preceding  sec- 
tions, any  other  felony,  crime,  or  misdemeanor  shall  be 
committed,  the  offender,  on  conviction  of  such  violation  of 
said_  sections,  shall  be  punished  for  the  same  with  such 
punishments  as  are  attached  to  the  said  felonies,  crimes, 
and  misdemeanors  by  the  laws  of  the  State  in  which  the 
offense  may  be  committed. 

Sec.  8.  And  be  itfuHher  enacted,  That  the  district  courts 
of  the  United  States,  within  their  respective  districts,  shall 
have,  exclusively  of  the  courts  of  the  several  States,  cog- 
nizance of  all  crimes  and  offenses  committed  against  the 
provisions  of  this  act,  and  also,  concurrently  with  the  cir- 
cuit courts  of  the  United  States,  of  all  causes,  civil  and 
ci^mal,  arismg  under  this  act,  except  as  herein  otherwise 
provided,  and  the  jurisdiction  hereby  conferred  shall  be 
exercised  in  conformity  with  the  laws  and  practice  govern- 
ing United  States  courts ;  and  all  crimes  and  offenses  com- 
mitted against  the  provisions  of  this  act  may  be  prosecuted 
by  the  indictment  of  a  grand  jury,  or,  in  cases  of  crimes 
and  offenses  not  infamous,  the  prosecution  may  be  either 
by  indictment  or  information  filed  by  the  district  attorney 
m  a  court  having  jurisdiction.. 

Sec.  9.  And  be  it  further  enacted.  That  the  district  attor- 
neys, marshals,  and  deputy  marshals  of  the  United  States, 
the  commissioners  appointed  by  the  circuit  and  territorial 
courts^  of  the  United  States,  with  powers  of  arresting,  im- 
prisoning, or  bailing  offenders  against  the  laws  of  the 
United  States,  and  every  other  officer  who  may  be  specially 
empowered  by  the  President  of  the  United  States,  shall  be, 
and  they  are  hereby,  specially  authorized  and  required,  at 
the  expense  of  the  United  States,  to  institute  proceedings 
against  all  and  every  person  who  shall  violate  the  provis- 
ions of  this  act,  and  cause  him  or  them  to  be  arrested  and 
imprisoned,  or  bailed,  as  the  case  may  be,  for  trial  before 
such  court  of  the  United  States  or  territorial  court  as  has 
cognizance  of  the  offense.    And  with  a  view  to  afford 


392 


EKFOECEMEXT  ACT. 


reasonable  protection  to  all  persons  in  their  constitutional 
right  to  vote  without  distinction  of  race,  color,  or  previous 
condition  of  ser^dtude,  and  to  the  prompt  discharge  of  the 
duties  of  this  act,  it  shall  be  the  duty  of  the  cii'cuit  courts 
of  the  United  States,  and  the  superior  courts  of  the  Terri- 
tories of  the  United  States,  from  time  to  time,  to  increase 
the  number  of  commissioners,  so  as  to  afford  a  speedy  and 
convenient  means  for  the  arrest  and  examination  of  persons 
charged  with  a  violation  of  this  act ;  and  such  commission- 
ers are  hereby  authorized  and  requii-ed  to  exercise  and  dis- 
charge all  the  powers  and  duties  conferred  on  them  by  this 
act,  and  the  same  duties  with  regard  to  offenses  created  by 
this  act  as  they  are  authorized  by  law  to  exercise  with 
regard  to  other  offenses  against  the  laws  of  the  United 
States. 

Sec.  10.  And  be  it  f wilier  enacted,  That  it  shall  be  the 
duty  of  all  marshals  and  deputy  marshals  to  obey  and  exe- 
cute all  warrants  and  precepts  issued  under  the  provisions 
of  this  act,  when  to  them  dii'ected ;  and  should  any  marshal 
or  deputy  marshal  refuse  to  receive  such  warrant  or  other  pro- 
cess when  tendered,  or  to  use  all  proper  means  diligently  to 
execute  the  same,  he  shall,  on  conviction  thereof,  be  fined  in 
the  sum  of  one  thousand  dollars,  to  the  use  of  the  person  de- 
prived of  the  rights  conferred  by  this  act.  And  the  better  to 
enable  the  said  commissioners  to  execute  theii*  duties  faith- 
fully and  efficiently,  in  conformity  with  the  Constitution  of 
the  United  States  and  the  requu-ements  of  this  act,  they 
are  hereby  authorized  and  empowered,  within  thek  dis- 
tricts respectively,  to  appoint,  in  writing,  imder  their  hands, 
any  one  or  more  suitable  persons,  from  time  to  time,  to 
execute  all  such  warrants  and  other  process  as  may  be 
issued  by  them  in  the  lawful  performance  of  their  respect- 
ive duties,  and  the  persons  so  appointed  to  execute  any 
warrant  or  process  as  aforesaid  shall  have  authority  to 
summon  and  call  to  their  aid  the  bystanders  or  posse 
comitatus  of  the  proper  county,  or  such  portion  of  the  land 
or  naval  forces  of  the  United  States,  or  of  the  militia,  as 
may  be  necessary  to  the  performance  of  the  duty  with 
which  they  are  charged,  and  to  insure  a  faithful  observance 
of  the  fifteenth  amendment  to  the  Constitution  of  the 


ENFOECEMENT  ACT. 


393 


United  States;  and  such  warrants  shall  run  and  be  exe- 
cuted by  said  officers  anywhere  in  the  State  or  Territory 
within  which  they  are  issued. 

Sec.  11.  And  be  it  furthxr  macted,  That  any  person  who 
shall  knowingly  and  willfully  obstruct,  hinder,  or  prevent 
any  officer  or  other  person  charged  with  the  execution  of 
any  warrant  or  process  issued  under  the  provisions  of  this 
act,  or  any  person  or  persons  lawfully  assisting  him  or 
them  from  arresting  any  person  for  whose  apprehension 
such  warrant  or  process  may  have  been  issued,  or  shall 
rescue  or  attempt  to  rescue  such  person  from  the  custody 
of  the  officer  or  other  person  or  persons,  or  those  lawfully 
assisting  as  aforesaid,  when  so  arrested  pursuant  to  the 
authority  herein  given  and  declared,  or  shall  aid,  abet,  or 
assist  any  person  so  arrested  as  aforesaid,  directly  or  indi- 
rectly, to  escape  from  the  custody  of  the  officer  or  other 
person  legally  authorized  as  aforesaid,  or  shall  harbor  or 
conceal  any  person  for  whose  arrest  a  warrant  or  process 
shall  have  been  issued  as  aforesaid,  so  as  to  prevent  his 
discovery  and  arrest  after  notice  or  knowledge  of  the  fact 
that  a  warrant  has  been  issued  for  the  apprehension  of  such 
person,  shall,  for  either  of  said  offenses,  be  subject  to  a  fine 
not  exceeding  one  thousand  dollars,  or  imprisonment  not 
exceeding  six  months,  or  both,  at  the  discretion  of  the 
court,  on  conviction  before  the  district  or  circuit  court  of 
the  United  States  for  the  district  or  circuit  in  which  said 
offense  may  have  been  committed,  or  before  the  proper 
court  of  criminal  jurisdiction,  if  committed  within  any 
one  of  the  organized  Territories  of  the  United  States. 

Sec.  12.  And  be  it  further  enacted,  That  the  commission- 
ers, district  attorneys,  the  marshals,  their  deputies,  and  the 
clerks  of  the  said  district,  circuit,  and  territorial  courts 
ghaU  be  paid  for  their  services  the  like  fees  as  may  be 
allowed  to  them  for  similar  services  in  other  cases.  The 
person  or  persons  authorized  to  execute  the  process  to  be 
issued  by  such  commissioners  for  the  arrest  of  offenders 
against  the  provisions  of  this  act  shall  be  entitled  to  the 
usual  fees  allowed  to  the  marshal  for  an  arrest  for  each 
person  he  or  they  may  arrest  and  take  before  any  such 
commissioner  as  aforesaid,  with  such  other  fees  as  may  be 


394 


ENFOECEMENT  ACT. 


deemed  reasonable  by  such  commissioner  for  such  other 
additional  services  as  may  be  necessarily  performed  by  him 
or  them,  such  as  attending  at  the  examination,  keeping  the 
prisoner  in  custody,  and  providing  him  with  food'' and 
lodgmg  during  his  detention  and  until  the  final  determina- 
tion of  such  commissioner,  and  in  general  for  performing 
such  other  duties  as  may  be  required  in  the  premises;  such 
fees  to  be  made  up  ua  conformity  with  the  fees  usually 
charged  by  the  officers  of  the  courts  of  justice  within  the 
proper  district  or  county  as  near  as  may  be  practicable,  and 
paid  out  of  the  treasury  of  the  United  States  on  the  cer- 
tificate of  the  judge  of  the  district  within  which  the  arrest 
is  made,  and  to  be  recoverable  from  the  defendant  as  part 
of  the  judgment  in  case  of  conviction. 

Sec.  13.  And  be  it  further  enacted,  That  it  shall  be  law- 
ful for  the  President  of  the  United  States  to  employ  such 
part  of  the  land  or  naval  forces  of  the  United  States,  or  of 
the  militia,  as  shall  be  necessary  to  aid  in  the  execution  of 
judicial  process  issued  under  this  act. 

Sec.  14.  And  be  it  fmiher  enacted,  That  whenever  any 
person  shall  hold  office,  except  as  a  member  of  Congress  or 
of  some  State  legislature,  contrary  to  the  provisions  of  the 
third  section  of  the  fourteenth  article  of  amendment  of  the 
Constitution  of  the  United  States,  it  shall  be  the  duty  of 
the  district  attorney  of  the  United  States  for  the  district 
in  which  such  person  shall  hold  office,  as  aforesaid,  to  pro- 
ceed against  such  person,  by  writ  of  quo  warranto,  return- 
able to  the  circuit  or  district  court  of  the  United  States  in 
such  district,  and  to  prosecute  the  same  to  the  removal  of 
such  person  from  office ;  and  any  writ  of  quo  warranto  so 
brought,  as  aforesaid,  shall  take  precedence  of  all  other 
cases  on  the  docket  of  the  court  to  which  it  is  made  return- 
able, and  shall  not  be  continued  unless  for  cause  proved  to 
the  satisfaction  of  the  court. 

Sec.  15.  And  be  it  fuHher  enacted,  That  any  person  who 
shall  hereafter  kaowingly  accept  or  hold  any  office  under 
the  United  States,  or  any  State  to  which  he  is  ineligible 
under  the  third  section  of  the  fourteenth  article  of  amend- 
ment of  the  Constitution  of  the  United  States,  or  who  shall 
attempt  to  hold  or  exercise  the  duties  of  any  such  office. 


ENFORCEMENT  ACT. 


395 


shall  be  deemed  guilty  of  a  misdemeanor  against  tlie  United 
States,  and  upon  conviction  thereof  before  the  circuit  or 
district  court  of  the  United  States,  shall  be  imprisoned  not 
more  than  one  year,  or  fined  not  exceeding  one  thousand 
dollars,  or  both,  at  the  discretion  of  the  court. 

Sec.  16.  And  be  it  further  enacted.,  That  all  persons  within 
the  jurisdiction  of  the  United  States  shall  have  the  same 
right  in  every  State  and  Territory  in  the  United  States  to 
make  and  enforce  contracts,  to  sue,  be  parties,  give  evi- 
dence, and  to  the  full  and  equal  benefit  of  all  laws  and 
proceedings  for  the  security  of  person  and'  property  as  is 
enjoyed  by  white  citizens,  and  shall  be  subject  to  like 
punishment,  pains,  penalties,  taxes,  licenses,  and  exactions 
of  every  kind,  and  none  other,  any  law,  statute,  ordinance, 
regulation,  or  custom  to  the  contrary  notwithstanding.  No 
tax  or  charge  shall  be  imposed  or  enforced  by  any  State 
upon  any  person  immigrating  thereto  from  a  foreign  country 
which  is  not  equally  imposed  and  enforced  upon  every  person 
immigrating  to  such  State  from  any  other  foreign  country ; 
and  any  law  of  any  State  in  conflict  with  this  provision  is 
hereby  declared  null  and  void. 

Sec.  17.  And  be  it  further  enacted,  That  any  person  who, 
under  color  of  any  law,  statute,  ordinance,  regulation,  or 
custom,  shall  subject,  or  cause  to  be  subjected,  any  inhab- 
itant of  any  State  or  Territory  to  the  deprivation  of  any 
right  secured  or  protected  by  the  last  preceding  section  of 
this  act,  or  to  different  punishment,  pains,  or  penalties  on 
account  of  such  person  being  an  alien,  or  by  reason  of  his 
color  or  race,  than  is  prescribed  for  the  punishment  of  citi- 
zens, shall  be  deemed  guilty  of  a  misdemeanor,  and,  on 
conviction,  shall  be  punished  by  fine  not  exceeding  one 
thousand  dollars,  or  imprisonment  not  exceeding  one  year, 
or  both,  at  the  discretion  of  the  court. 

Sec.  18.  And  be  it  further  enacted.  That  the  act  to  protect 
all  persons  in  the  United  States  in  their  civil  rights,  and 
furnish  the  means  of  their  vindication,  passed  April  nine, 
eighteen  hundred  and  sixty-six,  is  hereby  re-enacted ;  and 
sections  sixteen  and  seventeen  hereof  shall  be  enforced 
according  to  the  provisions  of  said  act. 

Sec,  19.  And  be  it  further  enacted,  That  if  at  any  elec- 


ENFORCEMENT  ACT. 


^T^^  ^5^J®P^®^®^*^*i^®  or  delegate  in  the  Congress  of  the 
United  States  any  person  shall  knowingly  personate  and 
vote  or  attempt  to  vote,  in  the  name  of  any  other  person, 
whether  living,  dead,  or  fictitious ;  or  vote  more  than  once 
at  the  same  election  for  any  candidate  for  the  same  office  • 
or  vote  at  a  place  where  he  may  not  be  lawfully  entitled 
to  vote ;  or  vote  without  having  a  lawful  right  to  vote ;  or 
GO  any  unlawful  act  to  secure  a  right  or  an  opportunity  to 
vote  xor  himself  or  any  other  person;  or  by  force,  threat, 
menace,  intimidation,  bribery,  reward,  or  offer,  or  promise 
thereof   or  otherwise  unlawfully  prevent  any  quahfied 
voter  of  any  State  of  the  United  States  of  America,  or  of 
any  Territory  thereof,  from  freely  exercising  the  right  of 
suffrage,  or  by  any  such  means  induce  any  voter  to  refuse 
to  exercise  such  right;  or  compel  or  induce  by  any  such 
means,  or  otherwise,  any  officer  of  an  election  in  any  such 
tetat^  or  Territory  to  receive  a  vote  from  a  person  not 
legally  qualified  or  entitled  to  vote ;  or  interfere  in  any 
manner  with  any  officer  of  said  elections  in  the  discharge 
of  his  duties ;  or  by  any  of  such  means,  or  other  unlawful 
means,  uiduce  any  officer  of  an  election,  or  officer  whose 
auty  it  IS  to  ascertam,  announce,  or  declare  the  result  of 
any  such  election,  or  give  or  make  any  certificate,  docu- 
ment, or  evidence  in  relation  thereto,  to  violate  or  refuse 
to  comply  with  his  duty,  or  any  law  regulating  the  same; 
or  knowingly  and  willfully  receive  the  vote  of  any  person 
not  entitled  to  vote,  or  refuse  to  receive  the  vote  of  any 
person  entitled  to  vote;  or  aid,  counsel,  procure,  or  advise 
any  such  voter,  person,  or  officer  to  do  any  act  hereby  made 
a  crime,  or  to  omit  to  do  any  duty  the  omission  of  which  is 
hereby  made  a  crime,  or  attempt  to  do  so,  every  such  per- 
son shall  be  deemed  guilty  of  a  crime,  and  shall  for  such 
crime  be  liable  to  prosecution  in  any  court  of  the  United 
btates  of  competent  jurisdiction,  and,  on  conviction  thereof 
shall  be  punished  by  a  fine  not  exceeding  five  hundred 
aollars,  or  by  imprisonment  for  a  term  not  exceedmg  three 
years,  or  both,  in  the  discretion  of  the  court,  and  shall  pay 
the^  costs  of  prosecution.  *^ 
Sec.  20.  Aoid  he  it  further  enacted,  That  if,  at  any  regis- 
tration of  voters  for  an  election  for  representative  or  dele- 


EXFOECEMES'T  ACT.  397 

pte  in  the  Cocgress  of  the  United  States,  any  person  shaU 
knowmgly  personate  and  register,  or  attempt  to  register,  in 
the  name  of  any  other  person,  .vhether  li.^ng,  "dead,  or 
tictuioiis,  or  fraudulently  register,  or  fi-audulentlv  attempt 
to  register,  not  havmg  a  lawful  right  so  to  do;  or  do  any 
unlawful  act  to  secure  regL^tration  for  himself  or  any  other 
person ;  or  by  force,  threat,  menace,  intimidation,  bribei^- 
reward,  or  offer,  or  promise  thereof,  or  other  unlawM 
means,  prevent  or  hnider  any  pei-son  haying  a  lawful  ri^ht 
to  register  from  duly  exercising  such  right^-  or  compefor 
mduc^  by  any  of  such  means,  or  other  unlawful  mean, 
any  ofecer  of  registration  to  admit  to  redstration  any  perl 
son  not  legaUy  entitled  thereto,  or  interfere  in  any  mknier 
^ith  any  officer  of  registration  in  the  discharge  of  his 
duties,  or  by  any  such  means,  or  other  unlawf\il  means 
induce  any  officer  of  registi-ation  to  violate  or  refuse  to 
comply  with  his  duty,  or  any  law  reo-ulating  the  same  •  or 
knowingly  and  willfuUy  receive  the  vote  of  anv  person  not 
entit  ed  to  vote,  or  refuse  to  receive  the  vote  of  anv  per^^on 
entitled  to  vote,  or  aid  counsel,  procure,  or  advi^e  any 
such  voter,  person,  or  officer  to  do  anv  act  hereby  made  a 
crime,  or  to  omit  any  act,  the  omL-sioi  of  which  is  hereby 
made  a  crime   every  such  person  shaU  be  deemed  guilty 
of  a  crime  and  shaU  be  hable  to  prosecution  and  pWh. 
ment  therefor,  as  provided  in  section  nineteen  of  thi.  act 
for  persons  guilty  of  an-  of  the  crimes  therein  specified- 
Provided,  That  every  registration  made  under  the  law.  of 
anv  btate  or  Territory,  for  any  State  or  other  election  at 
vhich  such  representative  or  delegate  in  Congress  .hall  be 
chosen,  ShaU  be  deemed  to  be  a  regLnration  within  the 
meaning  of  this  act,  notwithstanding  the  same  shall  aLo 
be  made  for  the  pm-poses  of  any  State,  territorial,  or  muni- 
cipal election. 

Sec.  21  And  he  it  finiher  enacted,  That  whenever,  bv 
the  laws  of  any  Stat^  or  Territory,  the  name  of  anv  candi- 
date  or  person  to  be  voted  for  as  representative  or  delegate 
m  Congi-ess  shall  be  required  to  be  printed,  written?  or 
contamed  m  any  ticket  or  baUot  with  other  candidates  or 
persons  to  be  voted  for  at  the  same  election  for  State  ter- 
ritorial, mumcipal,  or  local  officers,  it  shaU  be  sufficient 


398 


ENFORCEMENT  ACT. 


prima  facie  evidence,  either  for  the  purpose  of  indicting  or 
convicting  aoy  person  charged  with  voting,  or  attempting 
or  offering  to  vote,  unlawfully  under  the  provisions  of  the 
preceding  sections,  or  for  committing  either  of  the  offenses 
thereby"  created,  to  prove  that  the  person  so  charged  or 
indicted^  voted,  or  attempted  or  offered  to  vote,  such  ballot 
or  ticket,  or  committed  either  of  the  offenses  named  in  the 
preceding  sections  of  this  act  with  reference  to  such  ballot. 
And  the  proof  and  establishment  of  such  facts  shall  be 
taken,  held,  and  deemed  to  be  presumptive  evidence  that 
such  person  voted,  -or  attempted  or  offered  to  vote,  for  such 
representative  or  delegate,  as  the  case  may  be,  or  that  such 
offense  was  committed  with  reference  to  the  election  of 
such  representative  or  delegate,  and  shall  be  sufficient  to 
warrant  his  conviction,  unless  it  shall  be  shown  that  any 
such  ballot,  when  cast,  or  attempted  or  offered  to  be  cast, 
by  him,  did  not  contain  the  name  of  any  candidate  for  the 
office  of  representative  or  delegate  in  the  Congress  of  the 
United  States,  or  that  such  offense  was  not  committed 
with  reference  to  the  election  of  such  representative  or 
delegate. 

Sec.  22.  And  he  it  further  enacted,  That  any  officer  of  any 
election  at  which  any  representative  or  delegate  in  the 
Congress  of  the  United  States  shall  be  voted  for,  whether 
such  officer  of  election  be  appointed  or  created  by  or  under 
any  law  or  authority  of  the  United  States,  or  by  or  under 
any  State,  territorial,  district,  or  municipal  law  or  author- 
ity, who  shall  neglect  or  refuse  to  perform  any  duty  in  re- 
gard to  such  election  required  of  him  by  any  law  of  the 
United  States,  or  of  any  State  or  Territory  thereof;  or 
violate  any  duty  so  imposed,  or  knowingly  do  any  act 
thereby  unauthorized,  with  intent  to  affect  any  such  elec- 
tion, or  the  result  thereof ;  or  fraudulently  make  any  false 
certificate  of  the  result  of  such  election  in  regard  to  such 
representative  or  delegate ;  or  withhold,  conceal,  or  destroy 
any  certificate  of  record  so  required  by  law  respecting, 
concerning,  or  pertaining  to  the  election  of  any  such  rep- 
resentative or  delegate ;  or  neglect  or  refuse  to  make  and 
return  the  same  as  so  required  by  law ;  or  aid,  counsel, 
procure,  or  advise  any  voter,  person,  or  officer  to  do  any 


ENFORCEMENT  ACT. 


399 


act  by  this  or  any  of  tlie  preceding  sections  made  a  crime  • 
or  to  omit  to  do  any  duty  the  omission  of  which  is  by  this 
or  any  of  said  sections  made  a  crime,  or  attempt  to  do  so 
shall  be  deemed  guilty  of  a  crime  and  shall  be  liable  to 
prosecution  and  punishment  therefor,  as  provided  in  the 
nineteenth  section  of  this  act  for  persons  guilty  of  any  of 
the  crimes  therein  specified. 

Sec.  23    And  he  it  further  enacted,  That  whenever  any 
person  shall  be  defeated  or  deprived  of  his  election  to  any 
office,  except  elector  of  President  or  Vice-President  repre- 
sentative or  delegate  in  Congress,  or  member  of  a  State 
legislature  by  reason  of  the  denial  to  any  citizen  or  citi- 
zens who  shall  olfer  to  vote,  of  the  right  to  vote,  on  account 
of  race,  co  or,  or  previous  condition  of  servitude,  his  rig-ht 
to  hold  and  enjoy  such  office,  and  the  emoluments  thereof 
shall  not  be  impaired  by  such  denial;  and  such  person 
may  brmg  any  appropriate  suit  or  proceeding  to  recover 
possession  of  such  office,  and  in  cases  where  it  shall  appear 
that  the  sole  question  touching  the  title  to  such  office 
arises  out  of  the  denial  of  the  right  to  vote  to  citizens 
who  so  offered  to  vote,  on  account  of  race,  color,  or  previ- 
ous condition  of  servitude,  such  suit  or  proceeding  may  be 
instituted  m  the  circuit  or  distript  court  of  the  United 
btates  of  the  circuit  or  district  in  which  such  person  re- 
sides.   And  said  circuit  or  district  court  shaU  have  con- 
currently with  the  State  courts,  jurisdiction  thereof  so  far 
as  to  determme  the  rights  of  the  parties  to  such  office  by 
reason  of  the  denial  of  the  right  guaranteed  by  the  fif.  ' 
teenth  article  of  amendment  to  the  Constitution  of  the 
united  btates,  and  secured  by  this  act. 
Approved,  May  31,  1870, 


ENFORCEMENT  LEGISLATION  OF  THE  FOETY- 
FIRST  CONGRESS. 


AN  ACT  TO  ENFORCE  THE  EIGHT  TO  VOTE. 


An  Act  to  amend  an  act  approved  May  31,  1870,  entitled  "  An 
act  to  enforce  the  rights  of  citizens  of  the  United  States  to 
vote  in  the  several  States  of  this  Union,  and  for  other  pur- 
poses." 

Be  it  enacted,  etc.,  That  section  twenty  of  the  "Act  to  enforce 
the  rights  of  citizens  of  the  United  States  to  vote  in  the  several 
States  of  this  Union,  and  for  other  purposes,"  approved  May  31, 
1870,  shall  be,  and  hereby  is,  amended  so  as  to  read  as  follows: 

"  Sec.  20.  That  if  any  registration  of  voters  for  an  election  for 
Representative  or  Delegate  in  the  Congress  of  the  United  States, 
any  person  shall  knowingly  personate  and  register,  or  attempt  to 
register,  in  the  name  of  any  other  person,  whether  living,  dead, 
or  fictitious,  or  fraudulently  register,  or  fraudulently  attempt  to 
register,  not  having  a  lawful  right  so  to  do ;  or  do  any  unlawful 
act  to  secure  registration  for  himself  or  any  other  person ;  or  by 
force,  threat,  menace,  intimidation,  bribery,  reward,  or  offer,  or 
promise  thereof,  or  other  unlawful  means,  prevent  or  hinder  any 
person  having  a  lawful  right  to  register  from  duly  exercising 
such  right ;  or  compel  or  induce  by  any  of  such  means,  or  other 
unlawful  means,  any  ofl&cer  of  registration  to  admit  to  registra- 
tion any  person  not  legally  entitled  thereto,  or  interfere  in  any 
manner  with  any  officer  ot  registration  in  the  discharge  of  his 
duties,  or  by  any  such  means,  or  other  unlawful  means,  induce 
any  officer  of  registration  to  violate  or  refuse  to  comply  with  his 
duty,  or  any  law  regulating  the  same ;  or  if  any  such  officer  shall 
knowingly  and  willfully  register  as  a  voter  any  person  not  en- 
titled to  be  registered,  or  refuse  to  so  register  any  person  en- 
titled to  be  registered;  or  if  any  such  officer,  or  other  person 
whose  duty  it  is  to  perform  any  duty  in  relation  to  such  regis- 
tration or  election,  or  to  ascertain,  announce,  or  declare  the  re- 
400 


AMENDATORY  ENFORCEMENT  ACT.  401 


suit  thereof,  or  give  or  make  any  certificate,  document,  or  evi 
dence  in  relation  thereto,  shall  knowingly  neglect  or  refuse  to 
erform  any  duty  required  by  law,  or  violate  any  duty  imposed 
^  y  law,  or  do  any  act  unauthorized  by  law  relating  to  or  affectr 
ing  such  registration  or  election,  or  the  result  thereof,  or  any 
certificate,  document,  or  evidence  in  relation  thereto ;  or  if  any 
person  shall  aid,  counsel,  procure,  or  advise  any  such  voter,  per- 
son, or  ofiicer  to  do  any  act  hereby  made  a  crime,  or  to  omit  any 
act,  the  omission  of  which  is  hereby  made  a  crime,  ever}^  such 
person  shall  be  deemed  guilty  of  a  crime,  and  shall  be  liable  to 
prosecution  and  punishment  therefor,  as  provided  in  section 
nineteen  of  said  act  of  May  31,  1870,  for  persons  guilty  of  any 
of  the  crimes  therein  specified :  Provided,  That  every  registra- 
tion made  under  the  laws  of  any  State  or  Territory  for  any  State 
or'  other  election  at  which  such  Representative  or  Delegate  in 
Congress  shall  be  chosen  shall  be  deemed  to  be  a  registration 
within  the  meaning  of  this  act,  notwithstanding  the  same  shall 
also  be  made  for  the  purposes  of  any  State,  Territorial,  or  mu- 
nicipal election." 

Sec.  2.  That  whenever  in  any  city  or  town  having  upward  of 
twenty  thousand  inhabitants  there  shall  be  two  citizens  thereof 
who,  prior  to  any  registration  of  voters  for  an  election  for  Rep- 
resentative or  Delegate  in  the  Congress  of  the  United  States,  or 
prior  to  any  election  at  which  a  Representative  or  Delegate  in 
Congress  is  to  be  voted  for,  shall  make  known  in  writing,  to  the 
judge  of  the  circuit  court  of  the  United  States  for  the  circuit 
wherein  such  city  or  town  shall  be,  their  desire  to  have  said 
registration,  or  said  election,  or  both,  guarded  and  scrutinized, 
it  shall  be  the  duty  of  the  said  judge  of  the  circuit  court,  within 
not  less  than  ten  days  prior  to  said  registration,  if  one  there  be, 
or,  if  no  registration  be  required,  within  not  less  than  ten  days 
prior  to  said  election,  to  open  the  said  circuit  court  at  the  most 
convenient  point  in  said  circuit ;  and  the  said  court,  when  so 
opened  by  said  judge,  shall  proceed  to  appoint  and  commission, 
from  day  to  day  and  from  time  to  time,  and  under  the  hand  of 
the  said  circuit  judge,  and  under  the  seal  of  said  court,  for  each 
election  district  or  voting  precinct  in  each  and  every  such  city 
or  town  as  shall,  in  the  manner  herein  prescribed,  have  applied 
therefor,  and  to  revoke,  change,  or  renew  said  appointment 
from  time  to  time,  two  citizens,  residents  of  said  city  or  town, 
who  shall  be  of  difi'erent  political  parties,  and  able  to  read  and 
write  the  English  language,  and  who  shall  be  known  and  desig- 
nated as  supervisors  of  election.  And  the  said  circuit  court, 
when  opened  by  the  said  circuit  judge  as  required  herein,  shall 
therefrom  and  thereafter,  and  up  to  and  including  the  day  fol- 
lowing the  day  of  election,  be  always  open  for  the  transaction 
34 


402 


AMENDATORY  ENFORCEMENT  ACT. 


of  business  under  this  act,  and  the  powers  and  jurisdiction 
hereby  granted  and  conferred  shall  be  exercised  as  well  in  vaca- 
tion as  in  term  time ;  and  a  judge  sitting  at  chambers  shall  have 
the  same  powers  and  jurisdiction,  including  the  power  of  keep- 
ing, order  and  of  punishing  any  contempt  of  his  authority,  as 
when  sitting  in  court. 

Sec.  3.  That  whenever,  from  sickness,  injury,  or  otherwise, 
the  judge  of  the  circuit  court  of  the  United  States  in  any  judi- 
cial circuit  shall  be  unable  to  perform  and  discharge  the  duties 
by  this  act  imposed,  it  shall  be  his  duty,  and  he  is  hereby  re- 
quired, to  select  and  to  direct  and  assign  to  the  performance 
thereof  in  his  place  and  stead  such  one  of  the  judges  of  the 
district  courts  of  the  United  States  within  his  circuit  as  he  shall 
deem  best;  and  upon  such  selection  and  assignment  being  made 
it  shall  be  lawful  for,  and  shall  be  the  duty  of,  the  district  judge 
so  designated  to  perform  and  discharge,  in  the  place  and  stead 
of  the  said  circuit  judge,  all  the  duties,  powers,  and  obligations 
imposed  and  conferred  upon  the  said  circuit  judge  by  the  pro- 
visions of  this  act. 

^  Sec.  4.  That  it  shall  be  the  duty  of  the  supervisors  of  elec- 
tion appointed  under  this  act,  and  they  and  each  of  them  are 
hereby  authorized  and  required,  to  attend  at  all  times  and 
places  fixed  for  th.e  registration  of  voters  who,  being  registered, 
w-ould  be  entitled  to  vote  for  a  Kepresentative  orTOelegate  in 
Congress,  and  to  challenge  any  person  offering  to  register;  to 
attend  at  all  times  and  places  when  the  names  of  registered 
voters  may  be  marked  for  challenge,  and  to  cause  such  names 
registered  as  they  shall  deem  proper  to  be  so  marked ;  to  make, 
when  required,  the  lists,  or  either  of  them,  provided  for  in  sec- 
tion thirteen  of  this  act,  and  verify  the  same ;  and  upon  any 
occasion,  and  at  any  time  when  in  attendance  under  the  provis- 
ions of  this  act,  to  personally  inspect  and  scrutinize  such  regis- 
try, and  for  purposes  of  identification  to  affix  their  or  his  sig- 
nature to  each  and  every  page  of  the  original  list,  and  of  each 
and  every  copy  of  any  such  list  of  registered  voters,  at  such 
times,  upon,  each  day  when  any  name  may  or  shall  be  received, 
entered,  or  registered,  and  in  such  manner  as  will,  in  their  or 
his  judgment,  detect  and  expose  the  improper  or  wrongful  re- 
moval therefrom,  or  addition  thereto,  in  any  way,  of  any  name 
or  names. 

Sec.  5.  That  it  shall  also  be  the  duty  of  the  said  supervisors 
of  election,  and  they,  and  each  of  them,  are  hereby  authorized 
and  required  to  attend  at  all  times  and  places  for  holding  elec- 
tions of  Eepresentatives  or  Delegates  in  Congress,  and  for  count- 
ing the  votes  cast  at  said  elections ;  to  challenge  any  vote  offered 
by  any  person  whose  legal  qualifications  the  supervisors,  or  either 


AMENDATORY  ENFORCEMENT  ACT. 


403 


of  them,  shall  doubt;  to  be  and  remain  where  the  ballot-boxes 
are  kept  at  all  times  'after  the  polls  are  open  until  each  and 
every  vote  cast  at  said  time  and  place  shall  be  counted,  the 
canvass  of  all  votes  polled  be  wholly  completed,  and  the  proper 
and  requisite  certificates  or  returns  made,  whether  said  certifi- 
cates or  returns  be  required  under  any  law  of  the  United  States, 
or  any  State,  Territorial,  or  municipal  law,  and  to  personally  in- 
spect and  scrutinize,  from  time  to  time,  and  at  all  times,  on  the 
day  of  election,  the  manner  in  which  the  voting  is  done,  and  the 
way  and  method  in  which  the  poll-books,  registry-lists,  and  tal- 
lies or  check-books,  whether  the  same  are  required  by  any  law 
of  the  United  States,  or  any  State,  Territorial,  or  municipal  law, 
are  kept ;  and  to  the  end  that  each  candidate  for  the  office  of 
Representative  or  Delegate  in  Congress  shall  obtain  the  benefit 
of  every  vote  for  him  cast,  the  said  supervisors  of  election  are, 
and  each  of  them  is,  hereby  required,  in  their  or  his  respective 
election  districts  or  voting  precincts,  to  personally  scrutinize, 
count,  and  canvass  each  and  every  ballot  in  their  or  his  elec- 
tion district  or  voting  precinct  cast,  whatever  may  be  the  in- 
dorsement on  said  ballot,  or  in  whatever  box  it  may  have  been 
placed  or  be  found ;  to  make  and  forward  to  the  officer  who,  in 
accordance  with  the  provisions  of  section  thirteen  of  this  act, 
shall  have  been  designated  as  the  chief  supervisor  of  the  judi- 
cial district  in  which  the  city  or  town  wherein  they  or  he  shall 
serve  shall  be,  such  certificates  and  returns  of  all  such  ballots 
as  said  officer  may  direct  or  require,  and  to  attach  to  the  regis- 
try-list, and  any  and  all  copies  thereof,  and  to  any  certificate, 
statement,  or  return,  whether  the  same,  or  any  part  or  portion 
thereof,  be  required  by  any  law  of  the  United  States,  or  of  any 
State,  Territorial,  or  municipal  law,  any  statement  touching  the 
truth  or  accuracy  of  the  registry,  or  the  truth  or  fairness  of  the 
election  and  canvass,  which  the  said  supervisors  of  election,  or 
either  of  them,  may  desire  to  make  or  attach,  or  which  should 
properly  and  honestly  be  made  or  attached,  in  order  that  the 
facts  may  become  known,  any  law  of  any  State  or  Territory  to 
the  contrary  notwithstanding. 

Sec.  6.  That  the  better  to  enable  the  said  supervisors  of  election 
to  discharge  their  duties,  they  are,  and  each  of  them  is,  hereby 
authorized  and  directed,  in  their  or  his  respective  election  dis- 
tricts or  voting  precincts,  on  the  day  or  days  of  registration,  on 
the  day  or  days  when  registered  voters  may  be  marked  to  be 
challenged,  and  on  the  day  or  days  of  election,  to  take,  occupy, 
and  remain  in  such  position  or  positions,  from  time  to  time, 
whether  before  or  behind  the  ballot-boxes,  as  will,  in  their 
judgment,  best  enable  them  or  him  to  see  each  person  ofifering 
himself  for  registration  or  offering  to  vote,  and  as  will  best  con- 


404  AMENDATORY  ENFORCEMENT  ACT. 


duce  to  their  or  his  scrutinizing  the  manner  in  which  the  regis- 
tration or  voting  is  being  conducted;  and  at  the  closing  of  the 
polls  for  the  reception  of  votes,  they  are,  and  each  of  them  is, 
hereby  required  to  place  themselves  or  himself  in  such  posi- 
tion in  relation  to  the  ballot-boxes  for  the  purpose  of  engaging 
in  the  work  of  canvassing  the  ballots  in  said  boxes  contained 
as  will  enable  them  or  him  to  fully  perform  the  duties  in  re- 
spect to  such  canvass  provided  in  this  act,  and  shall  there  re- 
main until  every  duty  in  respect  to  such  canvass,  certificates, 
returns,  and  statements  shall  have  been  wholly  completed,  any 
law  of  any  State  or  Territory  to  the  contrary  notwithstanding. 

Sec.  7.  That  if  in  any  election  district  or  voting  precinct  in 
any  city,  town,  or  village,  for  which  there  shall  have  been  ap- 
pointed supervisors  of  election  for  any  election  at  which  a  Rep- 
resentative or  Delegate  in  Congress  shall  be  voted  for,  the  said 
supervisors  of  election,  or  either  of  them,  shall  not  be  allowed 
to  exercise  or  discharge,  fully  and  freely,  and  without  bribery, 
solicitation,  interference,  hinderance,  molestation,  violence,  or 
threats  thereof,  on  the  part  of  or  from  any  person  or  persons, 
each  and  every  of  the  duties,  obligations,  and  powers  conferred 
upon  them  by  this  act  and  the  act  hereby  amended,  it  shall  be 
the  daty  of  the  supervisors  of  election,  and  each  of  them,  to 
make  prompt  report,  under  oath,  within  ten  days  after  the  day 
of  election,  to  the  ofiicer  who,  in  accordance  with  the  provisions 
of  section  thirteen  of  this  act,  shall  have  been  designated  as  the 
chief  supervisor  of  the  judicial  district  in  which  the  city  or 
town  wherein  they  or  he  served  shall  be,  of  the  manner  and 
means  by  which  they  were  or  he  was  not  so  allowed  to  fully  and 
freely  exercise  and  discharge  the  duties  and  obligations  re- 
quired and  imposed  by  this  act.  And  upon  receiving  any  such 
report  it  shall  be  the  duty  of  the  said  chief  supervisor,  acting 
both  in  such  capacity  and  officially  as  a  commissioner  of  the 
circuit  court,  to  forthwith  examine  into  all  the  facts  thereof; 
to  subpoena  and  compel  the  attendance  before  him  of  any  wit- 
nesses; administer  oaths  and  take  testimony  in  respect  to  the 
charges  made;  and,  prior  to  the  assembling  of  the  Congress 
for  which  any  such  Representative  or  Delegate  was  voted  for, 
to  have  filed  with  the  Clerk  of  the  House  of  Representatives 
of  the  Congress  of  the  United  States  all  the  evidence  by  him 
taken,  all  information  by  him  obtained,  and  all  reports  to  him 
made. 

Sec.  8.  That  whenever  an  election  at  which  Representatives 
or  Delegates  in  Congress  are  to  be  chosen  shall  be  held  in  any 
city  or  town  of  twenty  thousand  inhabitants  or  upward,  the 
marshal  of  the  United  States  for  the  district  in  which  said  city 
or  town  is  situated  shall  have  power,  and  it  shall  be  his  duty, 


AMENDATORY  EXFOECEMENT  ACT. 


405 


on  the  application,  in  'writing,  of  at  least  two  citizens  residing 
in  any  such  city  or  town,  to  appoint  special  deputy  marshals, 
whose  duty  it  shall  be,  when  required  as  provided  in  this  act, 
to  aid  and  assist  the  supervisors  of  election  in  the  verification 
of  any  list  of  persons  made  under  the  provisions  of  this  act, 
who  may  have  registered,  or  voted,  or  either;  to  attend  in  each 
election  district  or  voting  precinct  at  the  times  and  places  fised 
for  the  registration  of  voters,  and  at  all  times  and  places  when 
and  where  said  registration  may  by  law  be  scrutinized,  and  the 
names  of  registered  voters  be  marked  for  challenge  ;  and,  also, 
to  attend,  at  all  times  for  holding  such  elections,  the  polls  of 
the  election  in  such  district  or  precinct.  And  the  marshal 
and  his  general  deputies,  and  such  special  deputies,  shall  have 
ower,  and  it  shall  be  the  duty  of  such  special  deputies,  to 
eep  the  peace,  and  support  and  protect  the  supervisors  of 
elections  in  the  discharge  of  their  duties ;  preserve  order  at 
such  places  of  registration  and  at  such  polls ;  prevent  fraudu- 
lent registration  and  fraudulent  voting  thereat,  or  fraudulent 
conduct  on  the  part  of  any  officer  of  election,  and  immediately, 
either  at  said  place  of  registration,  or  polling-place,  or  elsewhere, 
and  either  before  or  after  registering  or  voting  to  arrest  and 
take  into  custody,  with  or  without  process,  any  person  who 
shall  commit,  or  attempt  or  offer  to  commit,  any  of  the  acts  or 
offenses  prohibited  by  this  act,  or  the  act  hereby  amended,  or 
who  shall  commit  any  offense  against  the  laws  of  the  United 
States:  Provided.  That  no  person  shall  be  arrested  without 
process  for  any  offense  not  committed  in  the  presence  of  the 
marshal  or  his  general  or  special  deputies,  or  either  of  them, 
or  of  the  supervisors  of  election,  or  either  of  them ;  and,  for 
the  purposes  of  arrest  or  the  preservation  of  the  peace,  the  su- 
pervisors of  election,  and  each  of  them,  shall,  in  the  absence  of 
the  marshal's  deputies,  or  if  required  to  assist  said  deputies, 
have  the  same  duties  and  powers  as  deputy  marshals:  And  pro- 
vided further,  That  no  person  shall,  on  the  day  or  days  of  any 
such  election,  be  arrested  without  process  for  any  offense  com- 
mitted on  the  day  or  days  of  registration. 

Sec.  9.  That  whenever  any  arrest  is  made  under  any  pro- 
vision of  this  act.  the  person  so  arrested  shall  forthwith  be 
brought  before  a  commissioner,  judge,  or  court  of  the  United 
States  for  examination  of  the  offenses  alleged  against  him ;  and 
such  commissioner,  judge,  or  court  shall  proceed  in  respect 
thereto  as  authorized  by  law  in  cases  of  crimes  against  the 
United  States. 

Sec.  10.  That  whoever,  with  or  without  any  authority,  power, 
or  process,  or  pretended  authority,  power,  or  process,  of  any 
State,  Territorial,  or  muncipal  authority,  shall  obstruct,  hinder, 


406  AMENDATORY  ENFORCEMENT  ACT. 

assavJt,  or  by  bribery,  solicitation,  or  otherwise,  interfere  with 
or  pre-r-:;!!^  the  supervisors  of  election,  or  either  of  them,  or  the 
marshal  or  his  general  or  special  deputies,  or  either  of  them, 
in  the  performance  of  any  duty  required  of  them,  or  either  of 
them,  or  which  he  or  they,  or  either  of  them,  may  be  author- 
ized to  perform  by  any  law  of  the  United  States,  whether  in 
the  execution  of  process  or  otherwise,  or  shall,  by  any  of  the 
means  before  mentioned,  hinder  or  prevent  the  free  attendance 
and  presence  at  such  places  of  registration  or  at  such  polls  of 
election,  or  full  and  free  access  and  egress  to  and  from  any  such 
place  of  registration  or  poll  of  election,  or  in  going  to  and  from 
any  such  place  of  registration  or  poll  of  election,  or  to  and  from 
any  room  where  any  such  registration  or  election,  or  canvass 
of  votes,  or  of  making  any  returns  or  certificates  thereof,  may  be 
had;  or  shall  molest,  interfere  with,  remove,  or  eject  from  any 
such  place  of  registration  or  poll  of  election,  or  of  canvassing 
votes  cast  thereat,  or  of  making  returns  or  certificates  thereof, 
any  supervisor  of  election,  the  marshal,  or  his  general  or  spe- 
cial deputies,  or  either  of  them,  or  shall  threaten,  or  attempt, 
or  offer  so  to  do,  or  shall  refuse  or  neglect  to  aid  and  assist  any 
supervisor  of  election,  or  the  marshal,  or  his  general  or  special 
deputies,  or  either  of  them,  in  the  performance  of  his  or  their 
duties,  when  required  by  him  or  them,  or  either  of  them,  to 
give  such  aid  and  assistance,  he  shall  be  guilty  of  a  misde- 
meanor, and  liable  to  instant  arrest  without  process,  and  on 
conviction  thereof  shall  be  punished  by  imprisonment  not  more 
than  two  years,  or  by  fine  not  more  than  three  thousand  dol- 
lars, or  by  both  such  fine  and  imprisonment,  and  shall  pay  the 
costs  of  the  prosecution.  Whoever  shall,  during  the  progress 
of  any  verification  of  any  list  of  the  persons  who  may  have 
registered  or  voted,  and  which  shall  be  had  or  made  under  any 
of  the  provisions  of  this  act,  refuse  to  answer,  or  refrain  from 
answering,  or  answering  shall  knowingly  give  false  information 
in  respect  to  any  inquiry  lawfully  made,  such  person  shall  be 
liable  to  arrest  and  imprisonment  as  for  a  misdemeanor,  and  on 
conviction  thereof  shall  be  punished  by  imprisonment  not  to  ex- 
ceed thirty  days,  or  by  fine  not  to  exceed  one  hundred  dollars, 
or  by  both  such  fine  and  imprisonment,  and  shall  pay  the  costs 
of  the  prosecution. 

Sec.  11.  That  whoever  shall  be  appointed  a  supervisor  of  elec- 
tion or  a  special  deputy  marshal  under  the  provisions  of  this 
act,  and  shall  take  the  oath  of  office  as  such  supervisor  of  elec- 
tion or  such  special  deputy  marshal,  who  shall  thereafter  neg- 
lect or  refuse,  without  good  and  lawful  excuse,  to  perform  and 
discharge  fully  the  duties,  obligations,  and  requirements  of  such 
office  until  the  expiration  of  the  term  for  which  he  was  ap- 


AMENDATORY  ENFORCEMENT  ACT.  407 

pointed,  shall  not  only  be  subject  to  removal  from  office  vrith 
Joss  of  all  pay  or  emoluments,  but  shall  be  guilty  of  a  misde- 
meanor and  on  conviction  shaU  be  punished  bv  imprisonment 
tor  not  less  than  six  months  nor  more  than  oneVear.  or  bv  fine 
hundred  doUars  and  not  exceeding  five^  hun- 
dred doUars,  or  by  both  fine  and  imprisonment,  and  shaU  pay 
the  costs  of  prosecution. 

Sec.  12.  That  the  marshal,  or  his  general  deputies,  or  such 
special  deputies  as  shall  be  thereto  specially  empowered  by  him 
m  Tvriting  under  his  hand  and  seal,  whenever  he,  or  his  said 
general  deputies,  or  his  special  deputies,  or  either  or  any  of 
them,  shall  be  forcibly  resisted  in  executing  their  duties  under 
this  act,  or  the  act  hereby  amended,  or  shall,  by  violence 
threats,  or  menaces,  be  prevented  from  executins  such  duties' 
or  irom  arresting  any  person  or  persons  who  shall  commit  any 
oliense  for  vrhich  said  marshal  or  his  general  or  special  depu- 
ties are  authorized  to  make  such  arrest,  are,  and  each  of  them 
IS  hereby,  empowered  to  summon  and  call  to  his  or  their  aid  the 
bystanders  ov  jjosse  comitaius  of  his  district. 

Sec.  13._  That  it  shall  be  the  duty  of  each  of  the  circuit  courts 
ol  the  Lnited  States  in  and  for  each  judicial  circuit,  upon  the 
recommendation,  in  writing,  of  the  jud^e  thereof,  to  name  and 
appoint,  on  or  before  the  first  day  of  May,  in  the  year  1871 
and  thereafter  as  vacancies  may  from  any  cause  ari^e  from 
among  the  circuit  court  commissioners  in  and  for  each  judicial 
distiuct  m  each  of  said  judicial  circuits,  one  of  such  officers 
who  snail  be  kno^vn  for  the  duties  required  of  him  under  this 
act  as  the  chief  supervisor  of  elections  of  the  judicial  district 
m  and  fur  which  he  shall  be  a  commissioner,  and  shall  so  lono- 
as  faithful  and  capable,  discharge  the  duties  in  this'  act  im^ 
posed,  and  whose  duty  it  shaU  be  to  prepare  and  furnish  all 
necessary  books,  forms,  blanks,  and  instructions  for  the  u=!e 
and  direction  of  the  supervisors  of  election  in  the  several  cities 
and  towns  in  their  respective  districts ;  to  receive  the  applica- 
tions of  _aU  parties  for  appointment  to  such  positions:  and  upon 
the  openmg.  as  contemplated  in  this  act,  of  the  circuit  court  for 
the  judicial  circuit  m  which  the  commissioner  so  designated  shall 
act  to  present  such  applications  to  the  judge  thereof,  and^ fur- 
nish information  to  said  judge  in  respect  to  the  appointment 
by  the  said  court  of  such  supervisors  of  election ;  to  require 
ot  the  supervisors  of  election,  where  necessary,  lists  of  the 
persons  who  may  register  and  vote,  or  either,  in  their  respect- 
ive election  districts  or  voting  precincts,  and  to  cause  the  names 
ot  those  upon  any  such  list  whose  right  to  register  or  vote  shall 
be  honestly  doubted  to  be  verified  by  proper  inquiry  and  exam- 
ination at  the  respective  places  by  them  assigned  as  their  re^i- 


408 


AMENDATORY  ENFORCEMENT  ACT. 


dences ;  and  to  receive,  preserve,  and  file  all  oaths  of  office  of 
said  supervisors  of  election,  and  of  all  special  deputy  marshals 
appointed  under  the  provisions  of  this  act,  and  all  certificates, 
returns,  reports,  and  records  of  every  kind  and  nature  contem- 
plated or  made  reqiiisite  under  and  by  the  provisions  of  this 
act,  save  where  otherwise  herein  specially  directed.  And  it  is 
hereby  made  the  duty  of  all  United  States  marshals  and  com- 
missioners who  shall  in  any  judicial  district  perform  any  du- 
ties under  the  provisions  of  this  act,  or  the  act  hereby  amended, 
relating  to,  concerning,  or  affecting  the  election  of  Representa- 
tives or  Delegates  in  the  Congress  of  the  United  States,  to,  from 
time  to  time,  and  with  all  due  diligence,  forward  to  the  chief 
supervisor  in  and  for  their  judicial  district  all  complaints,  ex- 
aminations, and  records  pertaining  thereto,  and  all  oaths  of 
office  by  them  administered  to  any  supervisor  of  election  or 
special  deputy  marshal,  in  order  that  the  same  may  be  prop- 
erly preserved  and  filed. 

Sec  14.  That  there  shall  be  allowed  and  paid  to  each  chief 
supervisor^  for  his  services  as  such  officer,  the  followdng  com- 
pensation, apart  from  and  in  excess  of  all  fees  allowed  by  law 
for  the  performance  of  any  duty  as  circuit  court  commissioner: 
for  filing  and  caring  for  every  return,  report,  record,  document, 
or  other  paper  required  to  be  filed  by  him  under  any  of  the 
provisions  of  this  act,  ten  cents ;  for  affixing  a  seal  to  any  pa- 
per, record,  report,  or  instrument,  twenty  cents;  for  entering 
and  indexing  the  records  of  his  office,  fifteen  cents  per  folio ; 
and  for  arranging  and  transmitting  to  Congress,  as  provided  for 
in  section  seven  of  this  act,  an}^  report,  statement,  record,  re- 
turn,, or  examination,  for  each  folio,  fifteen  cents ;  and  for  any 
copy  thereof,  or  of  any  paper  on  file,  a  like  sum.  And  there 
shall  be  allowed  and  paid  to  each  and  every  supervisor  of  elec- 
tion, and  each  and  every  special  deputy  marshal  who  shall  be 
appointed  and  shall  perform  his  duty  under  the  provisions  of 
this  act,  compensation  at  the  rate  of  five  dollars  per  day  for 
each  and  every  da}^  he  shall  have  actually  been  on  duty,  not 
exceeding  ten  days.  And  the  fees  of  the  said  chief  supervisors 
shall  be  paid  at  the  Treasury  of  the  United  States,  such  accounts 
to  be  made  out,  verified,  examined,  and  certified  as  in  case  of  ac- 
counts of  commissioners,  save  that  the  examination  or  certificate 
required  may  be  made  by  either  the  circuit  or  district  judge. 

Sec.  15.  That  the  jurisdiction  of  the  circuit  court  of  the 
United  States  shall  extend  to  all  cases  in  law  or  equity  arising 
under  the  provisions  of  this  act,  or  the  act  hereby  amended; 
and  if  any  person  shall  receive  any  injury  to  his  person  or 
property  for  or  on  account  of  any  act  by  him  done  under  any 
of  the  provisions  of  this  act,  or  the  act  hereby  amended,  he 


AMENDATORY  ENFORCEMENT  ACT. 


409 


shaU  be  entitled  to  maintain  suit  for  damages  therefor  in  the 
district  or  circuit  court  of  the  United  States  in  the  district 
wherein  the  party  doing  the  injury  may  reside  or  shaU  be  found 
•    •  ■  7  Y  ^^^^  ^^^^^  suit  or  prosecution,  civil  or 

criminal,  shall  be  commenced  in  a  court  of  any  State  against  any 
officer  of  the  Lnited  States,  or  other  person,  for  or  on  account 
ot  any  act  done  under  the  provisions  of  this  act,  or  under  color 
thereof  or  for  or  on  account  of  any  right,  authority,  or  title  set 
up  or  claimea  by  such  officer  or  other  person  unde^  any  of  said 
provisions,  it  shall  be  lawful  for  the  defendant  in  such  ^uit  or 
prosecution  at  any  time  before  trial,  upon  a  petition  to  the  cir- 
cuit  court  of  the  t  nited  States  in  and  for  the  district  in  which 
the  defendant  shaU  have  been  served  with  process,  settino-  forth 
^^it  or  prosecution,  and  verifying  the  said 
petition  by  affidavit,  together  with  a  certificate  signed  by  an  at- 
torney or  counselor  at  law  of  some  court  of  record  of  the  State 
m  which  suoh  suit  shall  have  been  commenced,  or  of  the  United 
States  setting  forth  that  as  counsel  for  the  petition  he  has  ex- 
amined the  proceedings  against  him,  and  has  carefuHv  inquired 
into  all  the  matters  set  forth  in  the  petition,  and  that  he  be- 
lieves the  same  to  be  true,  which  petition,  affidavit,  and  certifi- 
cate  shall  be  presented  to  the  said  circuit  court,  if  in  session, 
and,  if  not,  to  the  clerk  thereof  at  his  office,  and  shall  be  filed 
m  said  office  and  the  cause  shaU  thereupon  be  entered  on  the 
docket  of  said  court,  and  shaU  be  thereafter  proceeded  in  as  a 
cause  origma  ly  commenced  in  that  court;  and  it  shall  be  the 
duty  of  the  clerk  of  said  court,  if  the  suit  was  commenced  in 
the  court  below  by  summons,  to  issue  a  writ  of  certiorari  to  the 
State  court,  requiring  said  court  to  send  to  the  circuit  court  the 
record  and  proceedings  in  said  cause;  or,  if  it  was  commenced 
by  capias,  he  shall  issue  a  writ  of  habeas  corpus  cum  causa,  a 
duplicate  of  which  said  writ  shall  be  delivered  to  the  clerk  of 
the  State  court,  or  left  at  his  office  by  the  marshal  of  the  dis- 
trict, or  his  deputy  or  some  person  duly  authorized  thereto; 
and  thereupon  it  shaU  be  the  duty  of  the  said  State  court  to 
stay  all  turther  proceedings  in  such  cause,  and  the  said  suit  or 
prosecution,  upon  deUvery  of  such  process,  or  leaving  the  same 
as  aforesaid,  shaU  be  deemed  and  taken  to  be  moved  to  the  said 
circuit  court,  and  any  further  proceedings,  trial,  or  judgment 
therein  m  the  State  court  shaU  be  wholl|  nuU  and  voidi  and 
any  person,  whether  an  attorney  or  officer  of  any  State  court 
or  otherwise,  who  shall  thereafter  take  any  steps,  or  in  any 
manner  proceed  m  the  State  court  in  any  action  so  removed, 
ShaU  be  guilty  of  a  misdemeanor,  and  liable  to  trial  and  pun- 
ishment in  the  court  to  which  the  action  shaU  have  been  re- 
moved, and  upon  conviction  thereof  shall  be  punished  by  im- 


410  AMENDATORY  ENFORCEMENT  ACT. 


prisonment  for  not  less  than  six  months  nor  more  than  one 
year,  or  by  fine  not  less  than  five  hundred  nor  more  than  one 
thousand  dollars,  or  by  both  such  fine  and  imprisonment,  and 
shall,  in  addition  thereto,  be  amenable  to  the  said  court  to 
which  said  action  shall  have  been  removed  as  for  a  contempt; 
iuid  if  the  defendant  in  any  such  suit  be  in  actual  custody  on 
mesne  process  therein,  it  shall  be  the  duty  of  the  marshal,  by 
virtue  of  the  writ  of  habeas  corpus  cum  causa,  to  take  the  body 
of  the  defendant  into  his  custody,  to  be  dealt  with  in  the  said 
cause  according  to  the  rules  of  law  and  the  order  of  the  circuit 
court,  or  of  any  judge  thereof  in  vacation.  And  all  attachments 
made  and  all  bail  or  other  security  given  upon  such  suit  or  pros- 
ecution shall  be,  and  continue  in  like  force  and  effect,  as  if  the 
same  suit  or  prosecution  had  proceeded  to  final  judgment  and 
execution  in  the  State  court.  And  if,  upon  the  removal  of  any 
such  suit  or  prosecution,  it  shall  be  made  to  appear  to  the  said 
circuit  court  that  no  copy  of  the  record  and  proceedings  therein 
in  the  State  court  can  be  obtained,  it  shall  be  lawful  for  the  said 
circuit  court  to  allow  and  require  the  plaintiff  to_  proceed  de 
vovo,  and  to  file  a  declaration  of  his  cause  of  action,  and  the 
parties  may  thereupon  proceed  as  in  actions  originally  brought 
in  said  circuit  court;  and  on  failure  of  so  proceeding  Judgment 
of  71011  prosequitur  may  be  rendered  against  the  plaintiff,  with 
costs  for  the  defendant. 

Sec.  17.  That  in  any  case  in  w^hich  any  party  is  or  may  be 
by  law  entitled  to  copies  of  the  record  and  proceedings  in  any 
suit  or  prosecution  in  any  State  court,  to  be  used  in  any  court 
of  the  United  States,  if  the  clerk  of  said  court  shall,  upon  de- 
mand and  the  payment  or  tender  of  the  legal  fees,  refuse  or 
neglect  to  deliver  to  such  party  certified  copies  of  such  record 
and  proceedings,  the  court  of  the  United  States  in  which  such 
record  and  proceedings  may  be  needed,  on  proof,  by  affidavit, 
that  the  clerk  of  such  State  court  has  refused  or  neglected  to 
deliver  copies  thereof  on  demand  as  aforesaid,  may  direct  and 
allow  such  record  to  be  supplied,  by  affidavit  or  otherwise,  as 
the  circumstances  of  the  case  may  require  and  allow;  and 
thereupon  such  proceeding,  trial,  and  judgment  may  be  had  in 
the  said*  court  of  the  United  States,  and  all  such  processes 
awarded  as  if  certified  copies  of  such  records  and  proceedings 
had  been  regularly  before  the  said  court;  and  hereafter  in  all 
civil  actions  in  the  courts  of  the  United  States  either  party 
thereto  may  notice  the  same  for  trial. 

Sec.  18.  That  sections  five  and  six  of  the  act  of  the  Congress 
of  the  United  States,  approved  July  14,  1870,  and  entitled  An 
act  to  amend  the  naturalization  laws,  and  to  punish  crimes 
against  the  same,"  be,  and  the  same  are  hereby,  repealed;  but 


AMENDATORY  ENFORCEMENT  ACT.  411 


npnnf'P"?^  ""^^  ^^^""^        proceeding  or  prosecution  noTV 

pending  for  any  offense  under  the  said  sections,  or  either  of 
them,  or  any  question  which  may  arise  therein  respecting  the 
appointment  of  the  persons  in  said  sections,  or  either  of  them, 
provided  for,  or  the  powers,  duties,  or  obligations  of  such  per' 

Sec  19.  That  all  votes  for  Representatives  in  Congress  shall 
hei^after  be  by  written  or  printed  ballot,  any  law  of'any  State 
to  the  contrary  notwithstanding;  and  all  votes  received  or  re- 
Qoneiffect  provisions  of  this  section  shall  be  of 

Approved  February  28,  1871. 


SUPPLEMENT. 


.  n^nl^'*  February  28,  7871,  has  been  supplemented  and 
woended  so  as  to  further  provide  as  follows- 

dl  irtoi  P^^^^^  congressional 

ov  t  '  '  w  ^' f^'^''''  thereof  of  good  standing  who 
prior  to  any  registration  of  voters  for  an  election  for  Represent^ 
ative  m  Congress,  or  prior  to  any  election  at  which  a  ReSesent- 

tnTfZ^""^"r      t  ^'^'''•^  ^^^^  known,  ?n  wrt 

mg,  to  the  judge  of  the  circuit  court  of  the  United  States  for 
he  district  wherein, such  county  or  parish  is  situate  theTr  de' 
sue  to  have  said  registration  or  election  both  guarded  and  scru 
Wed,  It  shall  be  the  duty  of  the  said  judge  o/the  circuU  court 

tTon  a.'Jh.  *r  f"^'  registration  or  eS 

tion  as  the  case  may  be    o  open  the  said  court  at  the  most  con- 

o^^P  A^^'""  V-^  f co^rt,  when  so 

from  dav^to'dL'f  f '/^'^V'^^r^^.*^  ^PP^^^*  commission' 
trom  day  to  day  and  from  time  to  time,  and  under  the  hand  of 
the  said  judge,  and  under  the  seal  of  said  court,  for  such  elec 
lon  district  or  voting  precinct  in  said  congressional  district  as 
shall  m  the  manner  herein  prescribed,  have  been  app  ed  for 
tW  fw'^' v'  ?^  r^^^^        appointment  from  time  to 

T  •  ""'^'T''  «f  said  election  district  or  voting 

precmct  in  said  coun  y  or  parish,  who  shall  be  of  different  po^ 

and  tfn  11?^^^^'  '^^^  ^^-^^^  English  langlge 
Zt  .  /.vf^^  be  known  and  designated  as  supervisors  of  elS 
tion,;  and  the  said  court,  when  so  opened  by  the  said  iuLe  as 
required  herein,  shall,  therefrom  and  thereafter  a n^  ,.*^  ?^  a 
including  the  day  following  the        Xf:^;.^^  7.  ll^ 


412  AMENDATORY  ENFORCEMENT  ACT. 


open  for  the  transaction  of  business  under  this  act;  and  the 
powers  and  jurisdiction  hereby  granted  and  conferred  shall  be 
exercised  as  well  in  vacation  as  in  term  time ;  and  a  judge  sit- 
ting at  chambers  shall  have  the  same  powers  and  jurisdiction^ 
including  the  power  of  keeping  order  and  of  punishing  any 
contempt  of  his  authority,  as  when  sitting  in  the  court:  Pro- 
vided, That  no  compensation  shall  be  allowed  to  the  supervisors 
herein  authorized  to  be  appointed,  except  those  appointed  in 
cities  or  towns  of  twenty  thousand  or  more  inhabitants.  And 
no  person  shall  be  appointed  under  this  act  as  supervisor  of 
election  who  is  not  at  the  time  of  his  appointment  a  qualified 
voter  of  the  county,  parish,  election  district,  or  voting  precinct 
for  which  he  is  appointed.  And  no  person  shall  be  appointed 
deputy  marshal  under  the  act  of  which  this  is  amendatory  who 
is  not  a  qualified  voter  at  the  time  of  his  appointment  in  the 
county,  parish,  district,  or  precinct  in  which  his  duties  are  to 
be  performed.  And  section  thirteen  of  the  act  of  which  this 
is  an  amendment  shall  be  construed  to  authorize  and  require 
the  circuit  courts  of  the  United  States  in  said  section  men- 
tioned to  name  and  appoint,  as  soon  as  may  be  after  the  pas- 
sage of  this  act,  the  commissioners  provided  for  in  said  section 
in  all  cases  in  which  such  appointments  have  not  already  been 
made  in  conformity  therewith.  And  the  third  section  of  the  act 
to  which  this  is  an  amendment  shall  be  taken  and  construed  to 
authorize  each  of  the  judges  of  the  circuit  courts  of  the  United 
States  to  designate  one  or  more  of  the  judges  of  the  district 
courts  within  his  circuit  to  discharge  the  duties  arising  under 
this  act  or  the  act  to  which  this  is  an  amendment.  And  the 
words  "any  person,"  in  section  four  of  the  act  of  May  31, 
1870,  shall  be  held  to  include  any  officer  or  other  person  hav- 
ing powers  or  duties  of  an  official  character  under  this  act  or 
the  act  to  which  this  is  an  amendment:  Provided,  That  noth- 
ing in  this  section  shall  be  so  construed  as  to  authorize  the  ap- 
pointment of  any  marshals  or  deputy  marshals  in  addition  to 
those  heretofore  authorized  by  law:  And  provided  further, 
That  the  supervisors  herein  provided  for  shall  have  no  powei 
or  authority  to  make  arrests  or  to  perform  other  duties  than  to 
be  in  the  immediate  presence  of  the  officers  holding  the  elec- 
tion and  to  witness  all  their  proceedings,  including  the  count- 
ing of  the  votes  and  the  making  of  a  return  thereof.  And  so 
much  of  said  sum  herein  appropriated  as  may  be  necessary  foi 
said  supplemental  and  amendatory  provisions  is  hereby  appro- 
priated from  and  after  the  passage  of  this  act. 

These  provisions  were  inserted  in  the  sundry  civil  bill,  ap- 
proved June  10,  1872. 


"THE  KU  KLUX  ACT." 


^  i^*^  n''^''^^!  2"^  P^o^isions  of  the  fourteenth  amendmeni 
to  the  Constiiiitioii  of  the  United  States,  and  for  other  pn^. 
poses«  ^ 

iJ'ii^^f^'^',-^'-'         ^""7  <^ohv  of  any 

S^rfP  !t  11  '  regnlation,  custom,  or  usage  of  any 

State,  shall  subject,  or  cause  to  be  subjected,  any  person  within 
i-ir'  depriLion  of  any 

t?e  Unir'd  "I f^r''^      the'  Constitution  of 

ttie  United  fetates,  shall,  any  such  law,  statute,  ordinance  recrn. 

Sn'"t°l--  Z  contrary  nit^itL 

standing,  be  liable  to  the  party  in  ured  in  any  action  at  law 
suit  m  equity,  or  other  proper  proceeding  for  redrew-  .uch 

E'^nf'fb  V'  Tt'"'''^  district  or  ^;i;cu^ 

courts  of  the  United  States,  with  and  subject  to  the  same  rio-hta 
of  appeal,  review  upon  error,  and  other  remedies  provided  in 

ti^e  Unittri;«f  T'-^'^-  M^^.^'*  P^°^^^t  all  persons  in 
the  Lnited  States  m  their  civil  rights,  and  to  furnish  the  means 
of  their  vindication : '  and  the  other  remedial  laws  of  the  Unhed 
^'Tn  f  ^/f  ^^^^^^  applicable  in  such  cases 

fcEG.  ^-  lhat  if  two  or  more  persons  within  anv  State  or  Ter- 
ritory of  the  Lnited  States  shaU  conspire  together^ to  overthrow 

United^  W"^'  f      ^'^'^'y  the^  Government  of  he 

Lnited  States,  or  to  levy  war  against  the  United  States  or  to 
SZT  I  --tfiority  of  the  Government  of  the  Unked 

btates  or  by  force,^  intimidation,  or  threat  to  prevent,  hinder 
or  delay  the  execution  of  any  law  of  the  United  State,  or  by 
force  to  seize  take,  or  possess  any  propertv  of  the  United  States 
contrary  to  the  authority  thereof;  or  by  force,  intimidation  or 
threat  to  prevent  any  person  from  accenting  or  holdin.  anv  of- 
fice, or  trast.  or  place  of  confidence  under  the  United  States  or 

sL£  !i  .  •  f^'^'^^'^y  offi^-er  of  the  United  States  to  leave  any 
fi^'li  T'*'  7  P^^'.'  ""^''^  ^^^^^^  ^3  such  officer  mi^S 
lawfully  be  performed,  or  to  injure  him  in  his  person  or  pJ^p. 

413 


414 


THE  KU  KLUX  ACT. 


ertj  on  account  of  his  lawful  discharge  of  the  duties  of  his  of- 
fice, or  to  injure  his  person  while  engaged  in  the  lawful  dis- 
charge of  the  duties  of  his  office,  or  to  injure  his  property  so  as 
to  molest,  interrupt,  hinder,  or  impede  him  in  the  discharge  of  his 
official  duty  ;  or  by  force,  intimidation,  or  threat  to  deter  any 
party  or  witness  in  any  court  of  the  United  States  from  attend- 
ing such  court,  or  from  testifying  in  any  matter  pending  in  such 
court  fully,  freely,  and  truthfully,  or  to  injure  any  such  party 
or  witness  in  his  person  or  property  on  account  of  his  having 
so  attended  or  testified;  or  by  force,  intimidation,  or  threat  to 
influence  the  verdict,  presentment,  or  indictment  of  any  juror 
or  grand  juror  in  any  court  of  the  United  States,  or  to  injure 
such  juror  in  his  person  or  property  on  account  of  any  verdict, 
presentment,  or  indictment  lawfully  assented  to  by  him,  or  on 
account  of  his  being  or  having  been  such  juror;  or  shall  con- 
spire together,  or  go  in  disguise  upon  the  public  highway,  or 
upon  the  premises  of  another,  for  the  purpose,  either  directly  or 
indirectly,  of  depriving  any  person  or  any  class  of  persons  of  the 
equal  protection  of  the  laws,  or  of  equal  privileges  or  immuni- 
ties under  the  laws,  or  for  the  purpose  of  preventing  or  hinder- 
ing the  constituted  authorities  of  any  State  from  giving  or  se- 
curing to  all  persons  within  such  State  the  equal  protection  of 
the  laws;  or  shall  conspire  together  for  the  purpose  of  in  any 
manner  impeding,  hindering,  obstructing,  or  defeating  the  due 
course  of  justice  in  any  State  or  Territory  with  intent  to  deny 
to  any  citizen  of  the  United  States  the  due  and  equal  protection 
of  the  laws,  or  to  injure  any  person  in  his  person  or  his  prop- 
erty for  lawfully  enforcing  the  right  of  any  person  or  class  of 
persons  to  the  equal  protection  of  the  laws;  or  by  force,  intim- 
idation, or  threat  to  prevent  any  citizen  of  the  United  States 
lawfully  entitled  to  vote  from  giving  his  supporf  or  advocacy  in  a 
lawful  manner  toward  or  in  favor  of  the  election  of  any  lawfully 
qualified  person  as  an  elector  of  President  or  Vice-President  of 
the  United  States,  or  as  a  member  of  the  Congress  of  the  United 
States,  or  to  injure  any  such  citizen  in  his  person  or  property 
on  account  of  such  support  or  advocacy,  each  and  every  person 
so  ofiending  shall  be  deemed  guilty  of  a  high  crime,  and,  upon 
conviction  thereof  in  any  district  or  circuit  court  of  the  United 
States  or  district  or  supreme  court  of  any  Territory  of  the 
United  States  having  jurisdiction  of  similar  offenses,  shall  be 
punished  by  a  fine  not  less  than  five  hundred  dollars  nor  more 
than  five  thousand  dollars,  or  by  imprisonment,  with  or  without 
hard  labor,  as  the  court  may  determine,  for  a  period  of  not  less 
than  six  months  nor  more  than  six  years,  or  by  both  such  fine 
and  imprisonment  as  the  court  shall  determine.  And  if  any 
one  or  more  persons  engaged  in  any  such  conspiracy  shall  do, 


THE  KU  KLrX  ACT.  415 


or  cause  to  be  done,  any  act  in  furtherance  of  the  obiect  of 
such  conspiracy,  whereby  anv  person  shaU  be  injured  in  his 
person  or  property,  or  deprived  of  having  and  exercisincr  any 
right  or  privilege  of  a  citizen  of  the  United  States,  the  p^'erson 
so  injured  or  deprived  of  such  rights  and  privileges  may  have 
and  maintain  an  action  for  the  recoverv  of  damages  occasioned 
by  such  injury  or  deprivation  of  rights  and  privileges  ao-ainst 
any  one  or  more  of  the  persons  engaged  in  such  Sonspiracy 
such  action  to  be  prosecuted  in  the  proper  district  or  circuit 
court  of  the  Lnited  States,  with  and  subject  to  the  same  rio-ht3 
ot  appeal,  review  upon  error,  and  other  remedies  provided  in 
like  cases  m  such  courts  under  the  provisions  of  the  act  of 
April  9,^l6bD,  entitled  "An  act  to  protect  all  person^  in  the 
Lnited  fctates  m  their  civil  rights,  and  to  furnish  the  means  of 
their  vindication." 

Sec.  3.  That  in  all  cases  where  insurrection,  domestic  vio- 
lence, unlawful  combinations,  or  conspiracies  in  anv  State  shall 
so  obstruct  or  hinder  the  execution  of  the  laws  thereof  and  of 
tae  L  nited  states,  as  to  deprive  any  portion  or  class  of  the'  peo- 
ple ot  SUCH  State  of  any  of  the  rights,  privileges,  or  immunities 
or  protection  named  in  the  Constitution  and  secured  bv  thi^  act' 
and  the  constituted  authorities  of  such  State  shall  either  be  un- 
able to  protect,  or  shall,  from  anv  cause,  fail  in  or  refu==e  pro- 
tection of  the  people  in  such  rights,  such  facts  shall  be  deemed 
a^ denial  by  such  State  of  equal  protection  of  the  laws  to  which 
they  are  entitled  under  the  Constitution  of  the  United  States  • 
and  m  all  such  cases,  or  whenever  any  such  insurrection  vio- 
lence, unlawful  combination,  or  conspiracy  shall  oppose  or  ob- 
struct the  laws  of  the  United  States,  or  the  due  execution  there- 
ot,  or  impede  or  obstruct  the  due  course  of  justice  under  the 
same,  it  shall  be  lawful  for  the  President,  and  it  shall  be  his 
dutv,  to  take  such  measures,  by  the  employment  of  the  militia 
or  the  land  and  naval  forces  of  the  United"  States,  or  of  either 
or  by  other  means  as  he  may  deem  necessary  for  the  suppres- 
sion of  such  insurrection,  domestic  violence,"' or  combination's- 
and  any  person  who  shaU  be  arrested  under  the  provisions  of 
this  and  the  preceding  section  shall  be  delivered  to  the  mar- 
shal of  the  proper  district  to  be  dealt  with  according  to  law. 

bEc  4.  That  whenever  in  any  State  or  part  of  a  State  the  un- 
lawtul  combinations  named  in  the  preceding  section  of  this  act 
sliall  be  organized  and  armed,  and  so  numerous  and  powerful  as 
to  be  able  by  violence  to  either  overthrow  or  set  at  defiance 
the  constituted  authorities  of  such  State,  and  of  the  United 
btates  withm  such  State;  or  when  the  constituted  authorities 
are  m  comphcity  with  or  shall  connive  at  the  unlawful  pur- 
poses of  such  powerful  and  armed  combinations ;  and  when- 


416 


THE  KU  KLUX  ACT. 


ever,  by  reason  of  either  or  all  of  the  causes  aforesaid,  the 
conviction  of  such  offenders  and  the  preservation  of  the  public 
safety  shall  become  in  such  district  impracticable,  in  every  such 
case  such  combinations  shall  be  deemed  a  rebellion  against  the 
Government  of  the  United  States,  and  during  the  continuance  of 
such  rebellion,  and  within  the  limits  of  the  district  which  shall 
be  so  under  the  sway  thereof,  such  limits  to  be  prescribed  by 
proclamation,  it  shall  be  lawful  for  the  President  of  the  United 
States,  when  in  his  judgment  the  public  safety  shall  require  it, 
to  suspend  the  privileges  of  the  writ  of  habeas  corpus,  to  the 
end  that  such  rebellion  may  be  overthrown:  Provided,  That  all 
the  provisions  of  the  second  section  of  an  act  entitled  "An  act 
relating  to  habeas  corpus,  and  regulating  judicial  proceedings  in 
certain  cases,"  approved  March  3,  1863,  which  relate  to  the  dis- 
charge of  prisoners  other  than  prisoners  of  war,  and  to  the  pen- 
alty for  refusing  to  obey  the  order  of  the  court,  shall  be  in  full 
force  so  far  as  the  same  are  applicable  to  the  provisions  of  this 
section:  Provided  further,  That  the  President  shall  first  have 
made  proclamation,  as  now  provided  by  law,  commanding  such 
insurgents  to  disperse :  And  provided  also.  That  the  provisions 
of  this  section  shall  not  be  in  force  after  the  end  of  the  next 
regular  session  of  Congress. 

Sec.  5.  That  no  person  shall  be  a  grand  or  petit  juror  in  any 
court  of  the  United  States  upon  any  inquiry,  hearing,  or  trial 
of  any  suit,  proceeding,  or  posecution  based  upon  or  arising 
under  the  provisions  of  this  act  who  shall,  in  the  judgment  of 
the  court,  be  in  complicity  with  any  such  combination  or  con- 
spiracy ;  and  every  such  juror  shall,  before  entering  upon  any 
such  inquiry,  hearing,  or  trial,  take  and  subscribe  an  oath  in 
open  court  that  he  has  never,  directly  or  indirectly,  counseled, 
advised,  or  voluntarily  aided  any  such  combination  or  conspir- 
acy ;^  and  each  and  every  person  who  shall  take  this  oath,  and 
shall  therein  swear  falsely,  shall  be  guilty  of  perjury,  and  shall 
be  subject  to  the  pains  and  penalties  declared  against  that  crime ; 
and  the  first  section  of  the  act  entitled  "An  act  defining  addi- 
tional causes  of  challenge  and  prescribing  an  additional  oath  for 
grand  and  petit  jurors  in  the  United  States  courts,'  approved 
June  17,  1862,  be,  and  the  same  is  hereby,  repealed. 

Seo.  6.  That  any  person  or  persons,  having  knowledge  that 
any  of  the  wrongs  conspired  to  be  done  and  mentioned  in  the 
second  section  of  this  act  are  about  to^  be  committed,  and  hav- 
ing power  to  prevent  or  aid  in  preventing  the  same,  shall  neg- 
lect or  refuse  so  to  do,  and  such  wrongful  act  shall  be  com- 
mitted, such  person  or  persons  shall  be  liable  to  the  person  in- 
jured, or  his  legal  representatives,  for  all  damages  caused  by 
any  such  wrongful  act  which  such  first  named  person  or  per- 


THE  KU  KLUX  ACT.  417 

sons  by  reasonable  diligence  could  have  prevented;  and  such 
damages^  may  be  recovered  in  an  action  on  the  case  in  the 
proper  circuit  court  of  the  United  States;  and  any  number  of 
persons  guilty  of  such  wrongful  neglect  or  refusal  may  be 
joined  as  defendants  in  such  action:  Provided,  That  such 
action  shall  be  commenced  within  one  year  after  such  cause 
ot  action  shall  have  accrued;  and  if  the  death  of  any  person 
shall  be  caused  by  any  such  wrongful  act  and  neglect,  the  legal 
representatives  of  such  deceased  person  shall  have  such  action 
therefor,  and  may  recover  not  exceeding  five  thousand  dollars 
damages  therein  for  the  benefit  of  the  widow  of  such  deceased 
person,  if  any  there  be,  or  if  there  be  no  widow,  for  the  ben- 
eht  ot  the  next  of  kin  of  such  deceased  person. 

Sec.  7.  That  nothing  herein  contained  shall  be  construed  to 
supersede  or  repeal  any  former  act  or  law  except  so  far  as  the 
same  may  be  repugnant  thereto;  and  any  offenses  heretofore 
committed  against  the  tenor  of  any  former  act  shall  be  pros- 
ecuted, and  any  proceeding  already  commenced  for  the  pros- 
ecution thereof  shall  be  continued  and  completed  the  same  as 
It  this  act  had  not  been  passed,  except  so  far  as  the  provisions 
of  this  act  may  go  to  sustain  and  validate  such  proceedinea. 
Approved  April  20,  1871. 


SALARY  ACT  OF  1873. 


Be  it  enacted,  etc.,  That,  on  and  after  the  4th  day  of  March, 
A.  D.  1873,  the  President  of  the  United  States  shall  receive  in 
fall  for  his  services  during  the  term  for  v\-hich  he  shall  have 
been  elected  the  sum  of  $50,000  per  annum,  to  be  paid  monthly; 
the  Vice-President  of  the  United  States  shall  receive  in  full  for 
his  services  during  the  term  for  which  he  shall  have  been  elect- 
ed the  sum  of  $10,000  per  annum,  to  be  paid  monthly;  and  the 
Chief  Justice  of  the  Supreme  Court  of  the  United  States  shall 
receive  the  sum  of  $10,500  per  annum,  and  the  justices  of  the 
Supreme  Court  of  the  United  States  shall  receive  the  sum  of 
$10,000  per  annum  each,  to  be  paid  monthly;  the  Secretary  of 
State,  the  Secretary  of  the  Treasury,  the  Secretary  of  War,  the 
Secretary  of  the  Navy,  the  Secretary  of  the  Interior,  the  Attor- 
ney-General, and  the  Postmaster-General  shall  receive  $10,000 
per  annum  each  for  their  services,  to  be  paid  monthly;  and 
each  Assistant  Secretary  of  the  Treasury,  State,  and  Interior 
Departments  shall  receive  as  annual  compensation,  to  be  paid 
monthly,  $6,000;  and  the  Speaker  of  the  House  of  Eepresnta- 
tives  shall,  after  the  present  Congress,  receive  in  full  for  ail  his 
services  compensation  at  the  rate  of  $10,000  per  annum;  and 
Senators,  Representatives,  and  Delegates  in  Congress,  including 
Senators,  Representatives,  and  Delegates  in  the  Forly-second 
Congress,  shall  receive  $7,500  per  annum  each,  and  this  shall 
be  in  lieu  of  all  pay  and  allovrances ;  and  all  those  holding  such 
office  at  the  passage  of  this  act,  and  whose  claim  to  a  seat  has 
not  been  adversely  decided,  shall  receive  $7,500  per  annum 
each,  and  this  shall  be  in  lieu  of  all  pay  and  allowances,  except 
the  actual  individual  traveling  expenses  from  their  homes  to 
the  seat  of  Government  and  return  by  the  most  direct  route  of 
usual  travel,  once  for  each  session  of  the  House  to  which  such 
Senator,  member,  or  Delegate  belongs,  to  be  certified  to  under 
his  hand  to  the  disbursing  officer,  and  filed  as  a  voucher :  Pro- 
t'i(iecZ,  That,  in  settling  the  pay  and  allowances  of  Senators, 
members,  and  Delegates  in  the  Forty-second  Congress,  all  mile- 
ige  shall  be  deducted,  and  no  allowance  made  for  expenses  of 
travel.  And  there  is  hereby  appronriated  a  sum  sufficient  to 
418 


SALARY  ACT. 


419 


make  the  annual  salaries  of  such  of  the  clerks  in  the  office  of 
the  Clerk  of  the  House  of  Representatives  as  receive  $2,500 
and  upward,  and  less  than  $3,000  (including  the  petition  clerk 
and  printing  clerk),  $3,000  each ;  and  of  such  as  receive  $2,000 
and  upward,  and  less  than  $2,500,  the  sum  of  $2,500  each;  and 
of  such  as  receive  $1,800  and  upward,  and  less  than  $2,000,  the 
sum  of  $2,000  each;  and  of  the  Secretary  of  the  Senate  and 
Clerk  of  the  House  of  Representatives  $5,000  each;  and  of  the 
chief  clerk  and  journal  clerk  of  the  House,  while  such  positions 
are  held  by  the  present  incumbents,  and  no  longer,  $3,600  each; 
and  of  the  doorkeeper  of  the  House  and  the  assistant  door- 
keeper of  the  Senate,  while  the  position  is  held  by  the  present 
incumbents,  and  no  longer,  $3,000;  and  of  the  postmaster  of 
the  Senate,  $2,592;  assistant  postmaster,  $2,000;  and  of  two 
mail  carriers,  $1,700;  and  of  the  superintendent  and  first  assist- 
ant of  the  Senate  document  room,  $2,500  each;  and  second  as- 
sistant in  said  document  room,  $1,800;  and  of  the  additional 
compensation  to  the  reporters  of  the  House  and  Senate  for  the 
Congressional  Globe,  $1,500  each;  and  additional  pay  to  the 
chief  engineer  of  the  House,  $360  (so  as  to  equalize  his  pay 
with  that  of  the  chief  engineer  of  the  Senate).    And  it  is 
hereby  provided  that  the  increase  of  compensation  to  the  of- 
ficers, clerks,  and  others  in  the  employ  of  the  Senate  and  House 
of  Representatives  provided  for  in  this  act  shall  begin  with  the 
present  Congress;  and  the  pay  of  all  the  present  employees  of 
the  Senate  and  House  of  Representatives,  including  the  em- 
ployees in  the  Library  of  Congress  and  those  under  the  Com- 
mittee on  Public  Buildings  and  Grounds,  now  employed  in  the 
Capitol  building,  and  also  the  House  reporters  whose  pay  has 
not  been  specifically  increased  by  this  act,  holding  their  places 
by  appointment  under  the  respective  officers  thereof,  or  by  the 
authority  of  the  Committee  of  Contingent  Expenses  of  the  Sen- 
ate, or  the  Committee  of  Accounts  of  the  House,  be  increased 
fifteen  per  cent,  of  their  present  compensation  on  the  amount 
actually  received  and  payable  to  them  respectively  from  the 
beginning  of  the  present  Congress,  or  from  the  date  of  their 
appointment  during  the  present  Congress,  and  who  shall  be 
actually  employed  at  the  passage  of  this  act.    And  the  amounts 
of  money  necessary  to  carry  the  foregoing  provisions  into  efi"eet 
are  hereby  appropriated  out  of  any  monies  in  the  Treasury  not 
otherwise  appropriated.* 


REPEAL  OF  THE  SALARY  ACT. 


An  Act  repealing  the  increase  of  salaries  of  members  of  Con- 
gress and  other  officers. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled :  That 
so  much  of  the  act  of  March  3,  1873,  entitled  "An  act  making 
appropriations  for  legislative,  executive,  and  judicial  expenses 
of  the  Government  for  the  year  ending  June  30,  1874,"  as  pro- 
vides for  the  increase  of  the  compensation  of  public  officers  and 
employees,  whether  members  of  Congress,  Delegates,  or  others, 
except  the  President  of  the  United  States  and  the  justices  of 
the  Supreme  Court,  be,  and  the  same  is  hereby,  repealed,  and 
the  salaries,  compensation,  and  allowances  of  all  said  persons, 
except  as  aforesaid,  shall  be  as  fixed  by  the  laws  in  force  at 
the  time  of  the  passage  of  said  act:  Provided,  That  mileage 
shall  not  be  allowed  for  the  first  session  of  the  Forty-third 
Congress ;  that  all  monies  appropriated  as  compensation  to  the 
members  of  the  Forty-second  Congress,  in  excess  of  the  mileage 
and  allowances  fixed  by  law  at  the  commencement  of  said  Con- 
gress, and  which  shall  not  have  been  drawn  by  the  members  of 
said  Congress  respectively,  or  which,  having  been  drawn,  have 
been  returned  in  any  form  to  the  United  States,  are  hereby  cov- 
ered into  the  Treasury  of  the  United  States,  and  are  declared 
to  be  the  monies  of  the  United  States  absolutely,  the  same  aa 
if  they  had  never  been  appropriated  as  aforesaid. 

Approved  January  20,  1874. 


420 


GRAi>fT'S  VETO  OF  THE  SEXATE  CURRENCY 
BILL,  APRIL  22,  1874. 


To  the  Senate  of  the  United  States : 

Herewith  I  return  Senate  bill  Xo.  617,  entitled  "An  act  to  fix 
the  amount  of  United  States  notes  and  the  circulation  of  na- 
tional banks,  and  for  other  purposes,"  without  my  approval. 

In  doing  so  I  must  express  my  regret  at  not  bein^  able  to  o-ive 
my  assent  to  a  measure  which  has  received  the  sanction  of  a 
majority  of  the  legislators  chosen  bv  the  people  to  make  laws 
for  their  guidance,  and  I  have  studiously  sought  to  find  suffi- 
cient arpments  to  justify  such  assent,  but  unsuccessfully. 

Practically,  it  is  a  question  whether  the  measure  under  dis- 
cussion would  give  an  additional  dollar  to  the  irredeemable  pa- 
per currency  of  the  country  or  not.  and  whether,  by  requiring 
three-fourths  of  the  reserves  to  be  retained  by  the  banks  and 
prohibiting  interest  to  be  received  on  the  balance,  it  mit^ht  not 
prove  a  contraction.  ^ 

But  the  fact  can  not  be  concealed  that,  theoretically  the  bill 
increases  the  paper  circulation  8100,000,000,  less  "only  the 
amount  of  reserves  restrained  from  circulation  by  the  pro- 
vision of  the  second  section.  The  measure  has  been  supported 
on  the  theory  that  it  would  give  increased  circulation.  It  is  a 
fair  inference,  therefore,  that  if  in  practice  the  measure  should 
f-Ail  to  create  the  abundance  of  circulation  expected  of  it,  the 
friends  of  the  measure,  particularly  those  out  of  Congress,  would 
clamor  for  such  inflation  as  would  give  the  expected  relief. 

The  theory,  in  my  belief,  is  a  departure  from  true  principles 
of  finance,  national  interest,  national  obligations  to  creditors 
congressional  promises,  party  pledges,  on  the  part  of  both  po^ 
litical  parties,  and  of  personal  views  and  promises  made  by  me 
m  every  annual  message  sent  to  Congress,  and  in  each  inauffu- 
ral  address.  ° 

In  my  annual  message  to  Congress  in  December,  1869  the 
following  passages  appear  :  ' 

''Among  the^evils  growing  out  of  the  rebellion,  and  not  yet 
referred  to,  is  that  of  an  irredeemable  currency.    It  is  an  evil 

421 


422  grant's  veto  of  the  senate  currency  bill. 


•whicli  I  hope  will  receive  your  most  earnest  attention.  It  is  a 
duty,  and  one  of  the  highest  duties,  of  Government  to  secure  to 
the  citizen  a  medium  of  exchange  of  fixed,  unvarying  value. 
This  implies  a  return  to  specie  basis ;  and  no  substitute  for  it 
can  be  devised.  It  should  be  commenced  now,  and  reached  at 
the  earliest  practicable  moment  consistent  with  a  fair  regard  to 
the  interests  of  the  debtor  class.  Immediate  resumption,  if 
practicable,  would  not  be  desirable.  It  would  compel  the  debtor 
class  to  pay,  beyond  their  contracts,  the  premium  on  gold  at  the 
date  of  their  purchase,  and  would  bring  bankruptcy  and  ruin  to 
thousands.  Fluctuation,  however,  in  the  paper  value  of  the 
measure  of  all  values  (gold)  is  detrimental  to  the  interests  of 
trade.  It  makes  the  man  of  business  an  involuntary  gambler; 
for  in  all  sales  where  future  payment  is  to  be  made,  both  parties 
speculate  as  to  what  will  be  the  value  of  the  currency  to  be  paid 
and  received.  I  earnestly  recommend  to  you,  then,  such  legis- 
lation as  will  insure  a  gradual  return  to  specie  payments  and 
put  an  immediate  stop  to  fluctuations  in  the  value  of  currency." 

I  still  adhere  to  the  views  then  expressed. 

As  early  as  December  4,  1865,  the  House  of  Representatives 
passed  a  resolution,  by  a  vote  of  144  yeas  to  6  nays,  concurring 
"in  the  views  of  the  Secretary  of  the  Treasury  in  relation  to 
the  necessity  of  a  contraction  of  the  currency  with  a  view  to  as 
early  a  resumption  of  specie  payments  as  the  business  interests 
of  the  country  will  permit,"  and  pledging  "co-operative  action 
to  this  end  as  speedily  as  possible." 

The  first  act  passed  by  the  Forty-first  Congress,  on  the  18th 
day  of  March,  1869,  was  as  follows: 

An  Act  to  Strengthen  the  Public  Credit  of  the  United  States. 

Be  it  enacted,  etc.,  That,  in  order  to  remove  any  doubt  as  to 
the  purpose  of  the  Government  to  discharge  all  its  obligations 
to  the  public  creditors,  and  to  settle  conflicting  questions  and 
interpretations  of  the  law,  by  virtue  of  which  such  obligations 
have  been  contracted,  it  is  hereby  provided  and  declared  that 
the  faith  of  the  United  States  is  solemnly  pledged  to  the  pay- 
ment in  coin,  or  its  equivalent,  of  all  the  obligations  of  the 
United  States,  and  of  all  the  interest-bearing  obligations,  except 
in  cases  where  the  law  authorizing  the  issue  of  any  such  obli- 
gations has  expressly  provided  that  the  same  may  be  paid  in 
lawful  money,  or  in  other  currency  than  gold  and  silver;  but 
none  of  the  said  interest-bearing  obligations  not  already  due 
shall  be  redeemed  or  paid  before  maturity,  unless  at  such  times 
as  the  United  States  notes  shall  be  convertible  into  coin  at  the 
option  of  the  holder,  or  unless  at  such  time  bonds  of  the  United 


grant's  veto  of  the  senate  currency  bill.  423 


States  bearing  a  lower  rate  of  interest  than  the  bonds  to  be  re- 
deemed can  be  sold  at  par  in  coin.  And  the  United  States  also 
solemnly  pledges  its  faith  to  make  provision,  at  the  earliest 
practicable  period,  for  the  redemption  of  the  United  States 
notes  in  coin. 

This  act  still  remains  as  a  continuing  pledge  of  the  faith  of 
the  United  States  "  to  make  provision,  at  the  earliest  practica- 
ble moment,  for  the  redemption  of  the  United  States  notes  in 
com. 

A  declaration  contained  in  the  act  of  June  30,  1864,  created  an 
obligation  that  the  total  amount  of  United  States  notes  issued  or 
to  be  issued,  should  never  exceed  $400,000,000.  The  amount  in 
actual  circulation  was  actually  reduced  to  $356,000,000,  at  which 
point  Congress  passed  the  act  of  February  4,  1868,  suspending 
the  further  reduction  of  the  currency.  The  $44,000,000  have 
ever  been  regarded  as  a  reserve,  to  be  used  only  in  case  of 
emergency,  such  as  has  occurred  on  several  occasions,  and 
must  occur  when,  from  any  cause,  revenues  suddenly  fall  be- 
low expenditures ;  and  such  a  reserve  is  necessary,  because  the 
fractional  currency,  amounting  to  $50,000,000,  is  redeemable  in 
legal  tender  on  call.  It  may  be  said  that  such  a  return  of  frac- 
tional currency  for  redemption  is  impossible.  But  let  steps  be 
taken  for  a  return  to  a  specie  basis,  and  it  will  be  found  that 
silver  will  take  the  place  of  fractional  currency  as  rapidly  as  it 
can  be  supplied,  when  the  premium  on  gold  reaches  a  suffi- 
ciently low  point. 

With  the  amount  of  United  States  notes  to  be  issued  perma- 
nently fixed  within  proper  limits,  and  the  Treasury  so  streno-th- 
ened  as  to  be  able  to  redeem  them  in  coin  on  demand,  it  will 
then  be  safe  to  inaugurate  a  system  of  free  banking,  with  such 
provisions  as  to  make  compulsory  redemption  of  the  circulating 
notes  of  the  banks  in  coin,  or  in  United  States  notes,  themselves 
redeemable  and  made  equivalent  to  coin. 

As  a  measure  preparatory  to  free  banking,  and  for  placing 
the  (government  m  a  condition  to  redeem  its  notes  in  coin  "  at 
the  earliest  practicable  moment,"  the  revenues  of  the  country 
should  be  increased  so  as  to  pay  current  expenses,  provide  for 
the  sinking  fund  required  by  law,  and  also  a  surplus,  to  be  re- 
tained m  the  Treasury,  in  gold. 

I  am  not  a  believer  in  any  artificial  method  of  making  paper 
money  equal  to  coin  when  the  coin  is  not  owned  or  held  ready 
to  redeem  the  promises  to  pay ;  for  paper  money  is  nothing 
more^  than  promises  to  pay,  and  is  valuable  exactly  in  propoi- 
tion  to  the  amount  of  coin  that  it  can  be  converted  into.  While 
com  IS  not  used  as  a  circulating  medium,  or  the  currency  of  the 


424  geant's  veto  of  the  senate  currency  bill. 


country  is  not  convertible  into  it  at  par,  it  becomes  an  article 
of  commerce  as  much  as  any  other  product.  The  surplus  will 
seek  a  foreign  market,  as  will  any  other  surplus.  The  balance 
of  trade  has  nothing  to  do  with  the  question.  Duties  on  im- 
ports being  required  in  coin  creates  a  limited  demand  for  gold. 
About  enough  to  satisfy  that  demand  remains  in  the  country. 
To  increase  this  supply  I  see  no  way  open  but  by  the  Govern- 
ment hoarding,  through  the  means  above  given,  and  possibly  by 
requiring  the  national  banks  to  aid. 

It  is  claimed  by  the  advocates  of  the  measure  herewith  re- 
turned that  there  is  an  unequal  distribution  of  the  banking  cap- 
ital of  the  country.  1  was  disposed  to  give  great  weight  to  this 
view  of  the  question  at  first,  but  on  reflection  it  will  be  remem- 
bered that  there  still  remain  $4,000,000  of  authorized  bank-note 
circulation,  assigned  to  States  having  less  than  their  quota,  not 
yet  taken.  In  addition  to  this  the  States  having  less  than  their 
quota  of  bank  circulation  have  the  option  of  $25,000,000  more 
to  be  taken  from  those  States  having  more  than  their  propor- 
tion. When  this  is  all  taken  up,  or  when  specie  payments  are 
fully  restored,  or  are  in  rapid  process  of  restoration,  will  bo 
the  time  to  consider  the  question  of  "  more  currrency." 

U.  S.  Grant. 


THE  CURRENCY. 


The  following  is  the  Dawes  Compromise  Bank  Note  Eedemp- 
tion,  Inflation,  Kedistribution  Bill,  in  full: 

An  Act  fixing  the  amount  of  United  States  notes,  providing  for 
a  redistribution  of  the  national  bank  currency,  and  for 
other  purposes. 

Be  it  enacted  ly  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That  the 
act  entitled  "  An  act  to  provide  a  national  currency  secured  by 
a  pledge  of  the  United  States  bonds,  and  to  provide  for  the  cir- 
culation and  redemption  thereof,"  approved  June  3,  1864,  shall 
hereafter  be  known  as  "the  national  bank  act." 

EELEASE  OF  RESERVES  ON  OIRCTOATION.     RESERVES  ON  DEPOSIT  RE- 
TAINED. 

Sec.  2.  That  section  thirty-one  of  "the  national  bank  act"  be 
so  amended  that  the  several  associations  therein  provided  for 
shall  not  hereafter  be  required  to  keep  on  hand  any  amount  of 
money  whatever,  by  reason  of  the  amount  of  their  respective 
circulations ;  _  but  the  monies  required  by  said  section  to  be 
kept  at  all  times  on  hand  shall  be  determined  by  the  amount 
of  deposits  in  all  respects,  as  provided  for  in  the  said  section. 

PROVISIONS  FOR  REDEMPTION  OP  BANK  NOTES. 

Sec.  3.  That  every  association  organized,  or  to  be  organized, 
under  the  provisions  of  the  said  act,  and  of  the  several  acts 
amendatory  thereof,  shall  at  all  times  keep  and  have  on  deposit 
in  the  Treasury  of  the  United  States,  in  lawful  money  of  the 
United  States,  a  sum  equal  to  five  percentum  of  its  circulation, 
to  be  held  and  used  for  the  redemption  of  such  circulation; 
which  sum  shall  be  counted  as  a  part  of  its  lawful  reserve,  as 
provided  in  section  two  of  this  act;  and  when  the  circulating 
notes  of  any  such  associations,  assorted  or  unassorted,  shall  be 
36  425 


426 


THE  CURRENCY. 


presented  for  redemption,  in  sums  of  $1,000,  or  any  multiple 
thereof,  to  the  Treasurer  of  the  United  States,  the  same  shaU  be 
redeemed  in  United  States  notes.  All  notes  so  redeemed  shaU 
be  charged  by  the  Treasurer  of  the  United  States  to  the  respect- 
ive associations  issuing  the  same,  and  he  shall  notify  them  sev- 
erally, on  the  first  day  of  each  month,  or  oftener,  at  his  discre- 
tion, of  the  amount  of  such  redemptions ;  and  whenever  such 
redemptions  for  any  association  shall  amount  to  the  sum  of 
$500,  such  association  so  notified  shall  forthwith  deposit  -j^ith 
the  Treasurer  of  the  United  States  a  sum  in  United  States  notes 
equal  to  the  amount  of  its  circulating  notes  so  redeemed.  And 
all  notes  of  national  banks  worn,  defaced,  mutilated,  or  other- 
wise unfit  for  circulation,  shall,  when  received  by  any  assistant 
treasurer,  or  at  any  designated  depository  of  the  United  States, 
be  forwarded  to  the  Treasurer  of  the  United  States  for  redemp- 
tion, as  provided  herein.  And  when  such  redemptions  have 
been  so  reimbursed,  the  circulating  notes  so  redeemed  shall  be 
forwarded  to  the  respective  associations  by  which  they  were  is- 
sued ;  but  if  any  of  such  notes  are  worn,  mutilated,  defaced,  or 
rendered  otherwise  unfit  for  use,  they  shall  be  forwarded  to  the 
Comptroller  of  the  Currency,  and  destroyed  and  replaced,  as 
now  provided  by  law:  Provided,  That  each  of  said  associations 
shall  reimburse  to  the  Treasury  the  charges  for  transportation, 
and  the  costs  for  assorting  such  notes;  and  the  associations 
hereafter  organized  shall  also  severally  reimburse  to  the  Treas- 
ury the  cost  of  engraving  such  plates  as  shall  be  ordered  by 
each  association  respectively;  and  the  amount  assessed  upon 
each  association  shall  be  in  proportion  to  the  circulation  re- 
deemed, and  be  charged  to  the  fund  on  deposit  with  the  Treas- 
urer :  And  provided  further,  That  so  much  of  section  thirty-two 
of  said  national,  bank  act  requiring  or  permitting  the  redemp- 
tion of  its  circulating  notes  elsewhere  than  at  its  own  counter, 
except  as  provided  for  in^this  section,  is  hereby  repealed. 

WITHDRAWAL  OF  CIECTJLATIOX. 

Sec.  4.  That  any  association  organized  under  this  act,  or  any 
of  the  acts  of  which  this  is  an  amendment,  desiring  to  with- 
draw its  circulating  notes,  in  whole  or  in  part,  may,  upon  the 
deposit  of  lawful  money  with  the  Treasurer  of  the  United  States 
in  sums  of  not  less  than  $9,000,  take  up  the  bonds  which  said 
association  has  on  deposit  with  the  Treasurer  for  the  security 
of  such  circulating  notes;  which  bonds  shall  be  assigned  to  the 
bank  in  the  manner  specified  in  the  nineteenth  section  of  the 
national  bank  act;  and  the  outstanding  notes  of  said  associa- 
tion, to  an  amount  equal  to  the  legal  tender  notes  deposited, 


THE  CURRENCY. 

I 


427 


shall  be  redeemed  at  the  Treasury  of  the  United  States,  and  de- 
stroyed, as  now  provided  by  laAv:  Provided,  That  the  amount 
of  the  bonds  on  deposit  for  circulation  shall  not  be  reduced  be- 
low $50,000. 

CHAETER  NOIBEES  OF  ASSOCIATIONS    TO    BE   PRINTED    ON  NATIONAL 
BANK  NOTES. 

Sec.  5.  That  the  Comptroller  of  the  Currency  shall,  under 
Buch  rules  and  regulations  as  the  Secretary  of  the  Treasury 
may  prescribe,  cause  the  charter  numbers  of  the  association  to 
De  printed  upon  all  national  bank  notes  which  may  be  hereaf- 
ter issued  by  him. 

INCREASE  OF  THE  LAWFrL  LEGAL  TENDER  fllECITLATION. 

Sec.  6.  That  the  amount  of  United  States  notes  outstanding 
and  to  be  used  as  a  part  of  the  circulating  medium,  shall  not 
exceed  the  sum  of  $382,000,000,  which  said  sum  shall  appear 
in  each  monthly  statement  of  the  public  debt,  and  no  part 
thereof  shall  be  held  or  used  as  a  reserve. 

WITHDRAWAL  OF  CrRRENCT  TO  SECrRE  EQUITABLE  DISTRIBUTION. 

Sec.  7.  That  so  much  of  the  act  entitled  "An  act  to  provide 
for  the  redemption  of  the  three  per  centum  temporary  loan  cer- 
tificates, and  for  an  increase  of  national  bank  notes,"  as  pro- 
vides that  no  circulation  shall  be  withdrawn  under  the  pro- 
visions of  section  six  of  said  act,  until  after  the  854,000,000 
granted  in  section  one  of  said  act  shall  have  been  taken  up,  is 
hereby  repealed;  and  it  shall  be  the  duty  of  the  Comptroller 
of  the  Currency,  under  the  direction  of  the  Secretary  of  the 
Treasury,  to  proceed  forthwith,  and  he  is  hereby  authorized 
and  required,  from  time  to  time,  as  applications  shall  be  duly 
made  therefor,  and  until  the  full  amount  of  §55,000,000  shall  be 
withdrawn,  to  make  requisitions  upon  each  of  the  national 
banks  described  in  said  section,  and  in  the  manner  therein 
provided,  organized  in  States  having  an  excess  of  circulation, 
to  withdraw  and  return  so  much  of  their  circulation  as  bv  said 
act  may  be  apportioned  to  be  withdrawn  from  them,  or,  in  lieu 
thereof,  to  deposit  in  the  Treasury  of  the  United  States  in  law- 
ful money  sufficient  to  redeem  such  circulation;  and  upon  the 
return  of  the  circulation  required,  or  the  deposit  of  lawful 
money,  as  herein  provided,  a  proportionate  amount  of  the 
bonds  held  to  secure  the  circulation  of  such  association  ais 
shall  make  such  return  or  deposit  shall  be  surrendered  to  it. 


42S 


THE  CURRENCY. 


DELINQUENT  BANKS,  HOW  DEALT  WITH. 

Seo.  8.  That  upon  the  failure  of  national  banks  upon  which 
requisition  for  circulation  shall  be  made,  or  of  any  of  them  to 
return  the  amount  required,  or  to  deposit  in  the  Treasury  law- 
ful money  to  redeem  the  circulation  required,  within  thirty 
days,  the  Comptroller  of  the  Currency  shall  at  once  sell  as 
provided  m  section  forty-nine  of  the  national  currency  act  'ap- 
proved June  3,  1864,  bonds  held  to  secure  the  redemption  of 
the  circulation  of  the  association  or  associations  which  shall  so 
tail,  to  an  amount  sufficient  to  redeem  the  circulation  required 
of  such  association  or  associations,  and  with  the  proceeds 
which  shaU  be  deposited  in  the  Treasury  of  the  United  States' 
so  much  of  the  circulation  of  such  association  or  associations 
shall  be  redeemed  as  will  equal  the.  amount  required  and  not 
returned;  and  if  there  be  any  excess  of  proceeds  over  the 
amount  required  for  such  redemption,  it  shall  be  returned  to 
the  association  or  associations  whose  bonds  shall  have  been 
sold.    And  it  shall  be  the  duty  of  the  Treasurer,  assistant 
treasurers,  designated  depositaries,  and  national  bank  deposi- 
taries  of  the  United  States,  who  shall  be  kept  informed  by  the 
Comptroller  of  the  Currency  of  such  associations  as  shall  fail 
to  return  circulation  as  required,  to  assort  and  return  to  the 
Treasury  for  redemption  the  notes  of  such  associations  as  shall 
come  into  their  hands  until  the  amount  required  shall  be  re- 
deemed, and  in  like  manner  to  assort  and  return  to  the  Treas- 
ury for  redemption  the  notes  of  such  national  banks  as  have 
failed,  or  gone  into  voluntary  liquidation  for  the  purpose  of 
winding  up  their  affairs,  and  of  such  as  shall  hereafter  so  faH 
or  go  into  liquidation. 

REDISTRIBUTION  OF  BANK  NOTE  CIRCULATION. 

Sec  9  That  from  and  after  the  passage  of  this  act  it  shall  be 
lawful  for  the  Comptroller  of  the  Currency,  and  he  is  hereby 
required,  to  issue  circulating  notes  without  delay,  as  applici 
tions  therefor  are  made,  not  to  exceed  the  sum  of  $55,000  000 
to  associations  organized,  or  to  be  organized,  in  those  States 
and  lerritories  having  less  than  their  proportion  of  circula- 
tion, under  an  apportionment  made  on  the  basis  of  population 
and  of  wealth,  as  shown  by  the  returns  of  the  census  of  1870- 
and  every  association  hereafter  organized  shall  be  subject  to' 
and  be  governed  by,  the  rules,  restrictions,  and  limitations,  and 
possess  the  rights,  privileges,  and  franchises  now  or  hereafter 
to  be  prescribed  by  law  as  to  national  banking  associations, 
with  the  same  power  to  amend,  alter,  and  repeal  provided  by 


THE  CURRENCY. 


429 


"the  national  bank  act:"  Provided,  That  the  whole  amount  of 
circulation  withdrawn  and  redeemed  from  banks  transacting 
business  shall  not  exceed  $55,000,000,  and  that  such  circulation 
shall  be  withdrawn  and  redeemed  as  it  shall  be  necessary  to 
supply  the  _  circulation  previously  issued  to  the  banks  in  those 
States  having  less  than  their  apportionment:  And  provided 
further,  That  not  more  than  $30,000,000  shall  be  withdrawn 
and  redeemed,  as  herein  contemplated,  during  the  fiscal  year 
ending  June  30,  1875.  ^  ft  j 

Approved  June  20,  1874. 


BANKRUPT  BILL, 

AS  AMENDED  1875. 


AN  ACT  to  establish  a  uniform  system  of  bankruptcy  through- 
out the  United  States. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled,  That 
the  several  district  courts  of  the  United  States  be,  and 
they  hereby  are,  constituted  courts  of  bankruptcy,  and 
they^  shall  have  original  jurisdiction  in  their  respective 
districts  in  all  matters  and  proceedings  in  bankruptcy,  and 
they  are  hereby  authorized  to  hear  and  adjudicate  upon 
the  same  according  to  the  provisions  of  this  act.  The  said 
courts  shall  be  always  open  for  the  transaction  of  business 
under  this  act,  and  the  powers  and  jurisdiction  hereby 
granted  and  conferred  shall  be  exercised  as  well  in  vaca- 
tion as  in  term  time;  and  a  judge  sitting  at  chambers  shall 
have  the  same  powers  and  jurisdiction,  including  the  power 
of  keeping  order  and  of  punishing  any  contempt  of  his  au- 
thority, as  when  sitting  in  court.  And  the  jurisdiction 
hereliy  conferred  shall  extend  to  all  cases  and  controver- 
sies arising  between  the  bankrupt  and  any  creditor  or 
creditors  who  shall  claim  any  debt  or  demand  under  the 
bankruptcy  ;  to  the  collection  of  all  the  assets  of  the  bank- 
rupt; to  the  ascertainment  and  liquidation  of  the  liens 
and  other  specific  claims  thereon;  to  the  adjustment  of 
the  various  priorities  and  conflicting  interests  of  all  parties; 
and  to  the  marshaling  and  disposition  of  the  different 
funds  and  assets,  so  as  to  secure  the  rights  of  all  parties 
and  due  distribution  of  the  assets  among:  all  the  creditors : 
and  to  all  acts,  matters,  and  thnigs  to  be  done  under  and 
in  virtue  of  the  bankruptcy,  until  the  final  distribution 
and  settlement  of  the  estate  of  the  bankrupt,  and  the  close 
of  the  proceedings  in  bankruptcy.  The  said  courts  shall 
430 


BANKEUPTCY  ACT,  AS  AMENDED  1875. 


431 


have  full  authority  to  compel  obedience  to  all  orders  and 
decrees  passed  by  them  in  bankruptcy,  by  process  of  con- 
tempt and  other  remedial  process,  to  the  same  extent  that 
the  circuit  courts  now  have  in  any  suit  pending  therein  in 
equity.  Said  courts  may  sit  for  the  transaction  of  busi- 
ness in  bankruptcy  at  any  place  in  the  district,  of  which 
place,  and  the  time  of  holding  court,  they  shall  have  given 
notice,  as  well  as  at  the  places  designated  by  law  for  hold- 
ing such  courts.  The  court  having  charge  of  the  estate 
of  any  bankrupt  may  direct  that  any  of  the  legal  assets  or 
debts  of  the  bankrupt,  as  contradistinguished  from  equita- 
ble demands,  shall,  when  such  debt  does  not  exceed  five 
hundred  dollars,  be  collected  in  the  courts  of  the  State 
where  such  bankrupt  resides  having  jurisdiction  of  claims 
of  such  nature  and  amount. 

Sec.  2.  And  be  it  fmiher  enacted,  That  the  several  cir- 
cuit courts  of  the  United  States,  within  and  for  the  dis- 
tricts where  the  proceedings  in  bankruptcy  shall  be  pending, 
shall  have  a  general  superintendence  and  jurisdiction  of 
all  cases  and  questions  arising  under  this  act ;  and,  except 
when  special  provision  is  otherwise  made,  may,  upon  bill, 
petition,  or  other  proper  process,  of  any  party  aggrieved, 
hear  and  determine  the  case  as  a  court  of  equity.  The 
powers  and  jurisdiction  hereby  granted  may  be  exercised 
either  by  said  court,  or  by  any  justice  thereof,  in  term 
time  or  vacation.  Said  circuit  courts  shall  also  have  con- 
current jurisdiction  with  the  district  courts  of  any  district, 
of  all  suits  at  law  or  in  equity,  which  may  or  shall  be 
brought  by  the  assignee  in  bankruptcy  against  any  person 
claiming  an  adverse  interest,  or  owing  any  debt  to  such 
bankrupt,  or  by  such  person  against  such  assignee,  touch- 
ing any  property  or  rights  of  property  of  said  bankrupt 
transferable  to  or  vested  in  such  assignee ;  but  no  suit  at 
law  or  in  equity  shall,  in  any  case,  be  maintainable  by  or 
against  such  assignee,  or  by  or  against  any  person  claiming 
an  adverse  interest,  touching  the  property  and  rights  of 
property  aforesaid,  in  any  court  whatsoever,  unless  the 
same  shall  be  brought  within  two  years  from  the  time  the 
cause  of  aciioL  accrued,  for  or  agauist  such  assignee ;  PrO' 
vided,  That  nothiug  herein  contained  shall  revive  a  right 


432  BA2JKRUPTCY  ACT,  AS  AMENDED  1875. 


of  action  barred  at  the  time  such  assignee  is  appointed. 
The  court  may,  in  its  discretion,  on  sufficient  cause  shown, 
and  upon  notice  and  hearing,  direct  the  receiver  or  as- 
signee to  take  possession  of  the  property,  and  carry  on  the 
business  of  the  debtor,  or  any  part  thereof,  under  the  di- 
rection of  the  court,  when,  in  its  judgment,  the  interest  of 
the  estate  as  well  as  of  the  creditors  will  be  promoted 
thereby,  but  not  for  a  period  exceeding  nine  months  from 
the  time  the  debtor  shall  have  been  declared  a  bankrupt : 
Provided,  That  such  order  shall  not  be  made  until  the 
court  shall  be  satisfied  that  it  is  approved  by  a  majority 
in  value  of  the  creditors. 

OF  THE  ADMINISTEATION  OF  THE  LAW  IN  COUETS  OF 
BANKEUPTCY. 

Sec.  3.  And  be  it  further  enacted,  That  it  shall  be  the 
duty  of  the  judges  of  the  district  courts  of  the  United 
States  within  and  for  the  several  districts  to  appoint  in 
each  congressional  district  in  said  districts,  upon  the  nom- 
ination axid  recommendation  of  the  Chief  Justice  of  the 
Supreme  Court  of  the  United  States,  one  or  more  registers 
in  bankruptcy,  to  assist  the  judge  of  the  district  court  in 
the  performance  of  his  duties  under  this  act.  No  person 
shall  be  eligible  to  such  appointment  unless  he  be  a  coun- 
sellor of  said  court,  or  of  some  one  of  the  courts  of  record 
of  the  State  in  which  he  resides.  Before  entering  upon 
the  duties  of  his  office,  every  person  so  appointed  a  register 
in  bankruptcy  shall  give  a  bond  to  the  United  States,  with 
condition  that  he  will  faithfully  discharge  the  duties  of  his 
office,  in  a  sum  not  less  than  one  thousand  dollars,  to  be 
fixed  by  said  court,  with  sureties  satisfactory  to  said  court, 
or  to  either  of  the  said  justices  thereof;  and  he  shall,  in 
open  court,  take  and  subscribe  the  oath  prescribed  in  the 
act  entitled  *'An  act  to  prescribe  an  oath  of  office,  and  for 
other  purposes,"  approved  July  second,  eighteen  hundred* 
and  sixty-two ;  and  also  that  he  will  not,  during  his  con- 
tinuance in  office,  be,  directly  or  indirectly,  interested  in 
or  benefited  by  the  fees  or  emoluments  arising  from  any 
suit  or  matter  pending  in  bankruptcy  in  either  the  district 
or  circuit  court  in  his  district. 


BANKRUPTCY  ACT,  AS  AMENDED  1875.  433 

Seo.  4.    And  be  it  further  enacted,  That  every  register 
in  bankruptcy  so  appointed  and  qualified,  shall  have  power, 
*  and  it  shall  be  his  duty,  to  make  adjudication  of  bank- 
ruptcy, to  receive  the  surrender  of  any  bankrupt,  to  ad- 
minister oaths  in  all  proceedings  before  him,  to  hold  and 
preside  at  meetings  of  creditors,  to  take  proof  of  debts,  to 
make  all  computations  of  dividends,  and  all  orders  of 
distribution,  and  to  furnish  the  assignee  with  a  certified 
copy  of  such  orders,  and  of  the  schedules  of  creditors,  and 
assets  filed  in  each  case,  to  audit  and  pass  accounts  of  as- 
signees, to  grant  protection,  to  pass  the  last  examination 
of  any  bankrupt  in  cases  whenever  the  assignee  or  a  cred- 
'itor  do  not  oppose,  and  to  sit  in  chambers  and  dispatch 
there  such  part  of  the  administrative  business  of  the  court 
and  such  uncontested  matters  as  shall  be  defined  in  gen- 
eral rules  and  orders,  or  as  the  district  judge  shall  in  any 
particular  matter  direct;  and  he  shall  also  make  short 
memoranda  of  his  proceedings  in  each  case  in  which  he 
shall  act,  in  a  docket  to  be  kept  by  him  for  that  purpose, 
and  he  shall  forthwith,  as  the  proceedings  are  taken,  for- 
ward to  the  clerk  of  the  district  court  a  certified  copy  of 
said  memoranda,  which  shall  be  entered  by  said  clerk  in 
the  proper  minute-book  to  be  kept  in  his  office,  and  any 
register  of  the  court  may  act  for  any  other  register  thereof: 
Provided,  however,  That  nothing  in  this  section  contained 
shall  empower  a  register  to  commit  for  contempt,  or  to 
hear  a  disputed  adjudication,  or  any  question  of  the  allow- 
ance or  suspension  of  an  order  of  discharge;  but  in  all 
matters  where  an  issue  of  fact  or  of  law  is  raised  and  con- 
tested by  any  party  to  the  proceedings  before  him,  it  shall 
be  his  duty  to  cause  the  question  or  issue  to  be  stated  by 
the  opposing  parties  in  writing,  and  he  shall  adjourn  the 
same  into  court  for  decision  by  the  judge.     No  register 
shall  be  of  counsel  or  attorney,  either  in  or  out  of  court, 
in  any  suit  or  matter  pending  in  bankruptcy  in  either  the 
circuit  or  district  court  of  his  district,  nor  in  an  appeal 
therefrom ;  nor  shall  he  be  executor,  administrator,  guard- 
ian, commissioner,  appraiser,  divider,  or  assignee,  of  or 
upon  any  estate  within  the  jurisdiction  of  either  of  said 
courts  of  bankruptcy,  nor  be  interested  in  the  fees  or 
37 


434  BANKKUPTCY  ACT,  AS   AMENDED  1875. 

emoluments  arising  from  either  of  said  trusts.  The  fees  of 
said  registers,  as  established  by  this  act,  and  by  the  gen- 
eral rules  and  orders  required  to  be  framed  under  it,  shall 
be  paid  to  them  by  the  parties  for  whom  the  services  may 
be  rendered  in  the  course  of  proceedings  authorized  by  this 
act. 

Sec.  5.  And  be  it  further  enacted,  That  the  judge  of 
the  district  court  may  direct  a  register  to  attend  at  any 
place  within  the  district,  for  the  purpose  of  hearing  such 
voluntary  applications  under  this  act  as  may  not  be  op- 
posed, of  attending  any  meeting  of  creditors,  or  receiving 
any  proof  of  debts,  and,  generally,  for  the  prosecution  of 
any  bankruptcy  or  other  proceedings  under  this  act ;  and 
the  traveling  and  incidental  expenses  of  such  register,^  and 
of  any  clerk  or  other  officer  attending  him,  incurred  in  so 
acting,  shaU  be  settled  by  said  court  in  accordance  with 
the  rules  prescribed  under  the  tenth  section  of  this  act, 
and  paid  out  of  the  assets  of  the  estate  in  respect  of  which 
such  register  has  so  acted ;  or  if  there  be  no  such  assets,  or 
if  the  assets  shall  be  insufficient,  then  such  expenses  shall 
form  a  part  of  the  costs  in  the  case  or  cases  in  which  the 
register  shall  have  acted  in  such  journey,  to  be  apportioned 
by  the  judge ;  and  such  register,  so  acting,  shall  have  and 
exercise  all  powers,  except  the  power  of  commitment, 
vested  in  the  district  court  for  the  summoning  and  exam- 
ination of  persons  or  witnesses,  and  for  requirmg  the  pro- 
duction of  books,  papers,  and  documents  :  Provided  always, 
That  all  depositions  of  persons  and  witnesses  taken  before 
said  register,  and  all  acts  done  by  him,  shall  be  reduced  to 
writing  and  be  signed  by  him,  and  shall  be  filed  in  the 
clerk's  office  as  part  of  the  proceedings.  Such  register 
shall  be  subject  to  removal  by  the  judge  of  the  [circuit] 
district  court,  and  all  vacancies  occurring  by  such  removal, 
or  by  resignation,  change  of  residence,  death,  or  disability, 
shall  be  promptly  filled  by  other  fit  persons,  unless  said 
court  shall  deem"  the  continuance  of  the  particular  office 
unnecessary. 

Sec.  6.  And  he  it  further  enacted,  That  any  party  shall, 
during  the  proceedings  before  a  register,  be  at  liberty  to 
take  the  opinion  of  the  district  judge  upon  any  point  or 


BANKRUPTCY  ACT,  AS  AlVIENDED    1875.  435 


matter  arising  in  the  com^se  of  such  proceedings,  or  upon 
the  result  of  such  proceedings,  which  shall  be  stated  by  the 
register  m  the  shape  of  a  short  certificate  to  the  iud^e 
who  shall  sign  the  same,  if  he  approve  thereof;  and  such 
certihcate,  so  signed,  shall  be  binding  on  all  the  parties  to 
the  proceeding ;  but  every  such  certificate  may  be  dis- 
charged or  varied  by  the  judge  at  chambers  or  in  open 
court,    in  any  bankruptcy,  or  in  any  other  proceedings 
within  the  jurisdiction  of  the  court  under  this  act  the 
parties  concerned,  or  submitting  to  such  jurisdiction,  may 
at  any  stage  of  the  proceedings,  by  consent,  state  any 
question  or  questions  in  a  special  case  for  the  opinion  of  the 
court;  and  the  judgment  of  the  court  shall  be  final,  unless 
It  be  agreed  and  stated  in  such  special  case  that  either 
party  may  appeal,  if,  in  such  case,  an  appeal  is  allowed 
by  this  act     The  parties  may  also,  if  they  think  fit,  agree, 
tliat  upon  the  question  or  questions  raised  by  such  special 
case  being  finally  decided,  a  sum  of  money,  fixed  by  the 
parties,  or  to  be  ascertained  by  the  court,  or  in  such 
manner  as  the  court  may  direct,  or  any  property  or  the 
amount  of  any  disputed  debt  or  claim,  shall  be  paid,  de- 
livered, or  transferred  by  one  of  such  parties  to  the  other 
ot  them,  either  with  or  without  costs. 

Sec.  7.  And  be  it  further  enacted,  That  parties  and 
witnesses  summoned  before  a  register  shall  be  bound  to 
attend  m  pursuance  of  such  summons  at  the  place  and 
time  designated  therein,  and  shall  be  entitled  to  protection, 
and  ^  be  liable  to  process  of  contempt  in  like  manner  as 
parties  and  witnesses  are  now  hable  thereto  in  case  of  de- 
fault m  attendance  under  any  writ  of  subpoena;  and  aU 
persons  willfully  and  corruptly  swearing  or  affirming 
lalsely  before  a  register  shall  be  liable  to  all  the  penalties 
pumshments,  and  consequences  of  perjury.  If  any  person 
examined  before  a  register  shall  refuse  or  decline  to  an- 
swer, or  to  swear  to  or  sign  his  exammation  when  taken, 
the  register  shall  refer  the  matter  to  the  judge,  who  shall 
have  power  to  order  the  person  so  acting  to  pay  the  costs 
thereby  occasioned,  if  such  person  be  compellable  by  law 
to  answer  such  question,  or  to  sign  such  examination,  and 
such  person  shaU  also  be  liable  to  be  punished  for  contempt 


436  BANKRUPTCY  ACT,  AS   AMENDED  1875. 

OF  APPEALS  AND  PEACTICE. 

Sec.  8.  And  be  it  further  enacted,  That  appeals  may  be 
taken  from  the  district  to  the  circuit  courts  in  all  cases  in 
equity,  and  writs  of  error  may  be  allowed  to  said  circuit 
courts  from  said  district  courts  in  cases  at  law  under  the 
jurisdiction  created  by  this  act  when  the  debt  or  damages 
claimed  amount  to  more  than  five  hundred  dollars ;  and 
any  supposed  creditor,  whose  claim  is  wholly  or  in  part 
rejected,  or  an  assignee  who  is  dissatisfied  with  the  allow- 
ance of  a  claim,  may  appeal  from  the  decision  of  _  the  dis- 
trict court  to  the  circuit  court  for  the  same  district ;  but 
no  appeal  shall  be  allowed  in  any  case  from  the  district  to 
the  circuit  court  unless  it  is  claimed,  and  notice  given 
thereof  to  the  clerk  of  the  district  court,  to  be  entered 
with  the  record  of  the  proceedings,  and  also  to  the  as- 
signee or  creditor,  as  the  case  may  be,  or  to  the  defeated 
party  in  equity,  within  ten  days  after  the  entry  of  the  de- 
cree or  decision  appealed  from.  The  appeal  shall  be  en- 
tered at  the  term  of  the  circuit  court  which  shall  be  first 
held  withm  and  for  the  district  next  after  the  expiration 
of  ten  days  from  the  time  of  claiming  the  same.  But  if 
the  appellant  in  writing  waives  his  appeal  l^efore  any  de- 
cision thereon,  proceedings  may  be  had  in  the  district 
court  as  if  no  appeal  had  been  taken,  and  no  appeal  shall 
be  allowed  unless  the  appellant  at  the  time  of  claiming  the 
same  shall  give  bond  in  manner  now  required  by  law  in 
cases  of  such  appeals.  No  writ  of  error  shall  be  allowed 
unless  the  party  claiming  it  shall  comply  with  the  statutes 
regulating  the  granting  of  such  writs. 

Sec.  9.  And  be  it  further  enacted,  That  in  cases  arismg 
under  this  act  no  appeal  or  writ  of  error  shall  be  allowed 
in  any  case  from  the  circuit  courts  to  the  Supreme  Court 
of  the  United  States  unless  the  matter  in  dispute  in  such 
case  shall  exceed  two  thousand  dollars. 

Sec.  10.  And  be  it  fuHher  enacted,  That  the  justices  of 
the  Supreme  Court  of  the  United  States,  subject  to  the 
pro^dsions  of  this  act,  shall  frame  general  orders  for  the 
following  purposes: 

For  regulating  the  practice  and  procedure  of  the  district 


BANKEUPTCY  ACT,  AS  AMENDED  1875.  437 


courts  in  bankruptcy,  and  the  several  forms  of  petitions, 
orders,  and  other  proceedings  to  be  used  in  said  courts  in 
all  matters  under  this  act ; 

For  regulating  the  duties  of  the  various  officers  of  said 
courts ; 

For  regulating  the  fees  payable,  and  the  charges  and  costs 
to  be  allowed,  with  respect  to  all  proceedings  in  bankruptcy 
before  said  courts,  not  exceeding  the  rate  of  fees  now 
allowed  by  law  for  similar  services  in  other  proceedings : 

For  regulating  the  practice  and  procedure  upon  appeals  ; 

For  regulating  the  filing,  custody,  and  inspection  of  rec- 
ords ; 

And  generally  for  carrying  the  provisions  of  this  act  into 
effect. 

After  such  general  orders  shall  have  been  so  framed, 
they,  or  any  of  them,  may  be  rescinded  or  varied,  and 
other  general  orders  may  be  framed  in  manner  aforesaid, 
and  all  such  general  orders  so  framed  shall,  from  time  to 
time,  be  reported  to  Congress,  with  such  suggestions  as 
said  justices  may  think  proper. 

VOLUNTARY    BANKEUPTCY  —  COMMENCEMENT  OP 
PEOCEEDINGS. 
Sec.  11.    Atid  he  it  further  enacted,  That  if  any  person 
residing  within  the  jurisdiction  of  the  United  States,  owing 
debts  provable  under  this  act  exceeding  the  amount  of 
three  hundred  dollars,  shall  apply  by  petition,  addressed 
to  the  judge  of  the  judicial  district  in  which  such  debtor 
has  resided  or  carried  on  business  for  the  six  months  next 
immediately  preceding  the  time  of  filing  such  petition,  or 
for  the  longest  period  during  such  six  months,  setting  forth 
his  place  of  residence,  his  inability  to  pay  all  his  debts  in 
full,  his  willingness  to  surrender  all  his  estate  and  effects 
for  the  benefit  of  his  creditors,  and  his  desire  to  obtain  the 
benefit  of  this  act,  and  shall  annex  to  his  petition  a  sched- 
ule, verified  by  oath  before  the  court,  or  before  a  register 
in  bankruptcy,  or  before  one  of  the  commissioners  of  the 
Circuit  Court  of  the  United  States,  containing  a  full  and 
true  statement  of  all  his  debts,  and,  as  far  as  possible,  to 
whom  due,  with  the  place  of  residence  of  each  creditor,  if 
known  to  the  debtor,  and  if  not  known  the  fact  to  be  so 


438  BANKEUPTGY  ACT,  AS   AMENDED  1875. 

stated,  and  the  sum  due  to  eacli  creditor,  also  the  nature 
of  each  debt  or  demand,  whether  founded  on  written  se 
curity,  obligation,  contract,  or  otherwise,  and  also  the  true 
cause  and  consideration  of  such  indebtedness  in  each  case, 
and  the  place  where  such  indebtedness  accrued,  and  a 
statement  of  any  existing  mortgage,  pledge,  lien,  judg- 
ment, or  collateral  or  other  security  given  for  the  pay- 
ment of  the  same ;  and  shall  also  annex  to  his  petition  an 
accurate  inventory  and  valuation,  verified  in  like  manner, 
of  all  his  estate,  both  real  and  personal,  assignable  under 
this  act,  describing  the  same,  and  stating  where  it  is  situ- 
ated, and  whether  there  are  any,  and  if  so,  what  incum- 
brances thereon,  the  filing  of  such  petition  shall  be  an  act 
of  bankruptcy,  and  such  petitioner  shall  be  adjudged  a 
bankrupt :  Provided,  That  all  citizens  of  the  United  States 
petitioning  to  be  declared  bankrupt,  shall,  on  filing  such 
petition  and  before  any  proceedings  thereon,  take  and 
subscribe  an  oath  of  allegience  and  fidelity  to  the  United 
States,  which  oath  shall  be  filed  and  recorded  with  the 
proceedings  in  bankruptcy.  And  the  judge  of  the  district 
court,  or,  if  there  be  no  opposing  party,  any  register  of 
said  court,  to  be  designated  by  the  judge,  shall  forthwith, 
if  he  be  satisfied  that  the  debts  due  from  the  petitioner 
exceed  three  hundred  dollars,  issue  a  warrant,  to  be  signed 
by  such  judge  or  register,  directed  to  the  marshal  of  said 
district,  authorizing  him  forthwith,  as  messenger,  to  pub- 
lish notices  in  such  newspapers  as  the  marshal  shall  select, 
not  exceeding  two ;  to  serve  written  or  printed  notice,  by 
mail  or  personally,  on  all  creditors  upon  the  schedule  filed 
with  the  debtor's  petition,  or  whose  names  may  be  given 
to  him,  in  addition,  by  the  debtor,  and  to  give  such  per- 
sonal or  other  notice  to  any  persons  concerned  as  the  war- 
rant specifies.  But  whenever  the  creditors  of  the  bank- 
rupt are  so  numerous  as  to  make  any  notice  now  required 
by  law  to  them,  by  mail  or  otherwise  a  great  and  dispro- 
portionate expense  to  the  estate,  the  court  may  in  lieu 
thereof,  in  its  discretion,  order  such  notice  to  be  given  by 
publication  in  a  newspaper  or  newspapers  to  all  such  cred- 
itors whose  claims  as  reported  do  not  exceed  the  sums 
respectively  of  fifty  dollars,  which  notice  shall  state — 


BAl^KEUPTCY  ACT,  AS  AMENDED  1875.  439 


First,  That  a  warrant  in  bankruptcy  has  been  issued 
against  the  estate  of  the  debtor. 

Second,  That  the  payment  of  any  debts  and  the  delivery 
of  any  property  belonging  to  such  debtor  to  him  or  for  his 
use,  and  the  transfer  of  any  property  by  him,  are  forbidden 
by  law. 

^  Thu-d,  That  a  meeting  of  the  creditors  of  the  debtor, 
giving  the  names,  residences,  and  amounts,  so  far  as 
known,  to  prove  their  debts  and  choose  one  or  more  as- 
signees of  his  estate,  will  be  held  at  a  court  of  bankruptcy, 
to  be  hoi  den  at  a  time  and  place  designated  in  the  war- 
rant, not  less  than  ten  nor  more  than  ninety  days  after  the 
issuing  of  the  same. 

OF  ASSIGNMENTS  AND  ASSIGNEES. 

Sec.  12.  And  he  it  fuHher  enacted,  That  at  the  meet- 
ing, held  in  pursuance  of  the  notice,  one  of  the  registers 
of  the  court  shall  preside,  and  the  messenger  shall  make 
return  of  the  warrant  and  of  his  doings  thereon ;  and  if  it 
appears  that  the  notice  to  the  creditors  has  not  been  as  re- 
quired in  the  warrant,  the  meeting  shall  forthwith  be  ad- 
journed, ^  and  a  new  notice  given  as  required.  K  the 
debtor  dies  after  the  issuing  the  warrant,  the  proceedings 
may  be  continued  and  concluded  in  like  manner  as  if  he 
had  lived. 

Sec.  13.  And  he  it  further  enacted,  That  the  creditors 
shall,  at  the  first  meetmg  held  after  due  notice  from  the 
messenger,  iu  presence  of  a  register  designated  by  the 
court,  choose  one  or  more  assignees  of  the  estate  of  the 
debtor ;  the  choice  to  be  made  by  the  greater  part  in  value 
and  in  number  of  the  creditors  who  have  proved  their 
debts.  If  no  choice  is  made  by  the  creditors  at  said  meet- 
ing, the  judge,  or,  if  there  be  no  opposing  interest,  the 
register  shall  appoint  one  or  more  assignees.  K  an  as- 
signee, so  chosen  or  ai^pointed,  fails  within  five  days  to  ex- 
press in  writing  his  acceptance  of  the  trust,  the  judge  or 
register  may  fill  the  vacancy.  All  elections  or  appoint- 
ments of  assignees  shall  be  subject  to  the  approval  of  the 
judge;  and  when  in  his  judgment  it  is  for  any  cause 
needful  or  expedient,  he  may  appoint  additional  assignees, 


440  BANKEUPTCY  ACT,  AS  AMENDED  1875. 


or  order  a  new  election.  The  judge  at  any  time  may,  and, 
upon  the  request  in  writing  of  any  creditor  who  has  proved 
his  claim,  shall  require  the  assignee  to  give  good  and  suffi- 
cient bond  to  the  United  States,  with  a  condition  for  the 
faithful  performance  and  discharge  of  his  duties ;  the  bond 
shall  be  app  oved  by  the  judge  or  register  by  his  indorse- 
ment thereon,  shall  be  filed  with  the  record  of  the  case, 
and  inure  to  the  benefit  of  all  creditors  proving  their 
claims,  and  may  be  prosecuted  in  the  name  and  for  the 
benefit  of  any  injured  party.  If  the  assignee  fails  to  give 
thcbond  within  such  time  as  the  judge  orders,  not  exceed- 
ing ten  days  after  notice  to  him  of  such  order,  the  judge 
shall  remove  him  and  appoint  another  in  his  place. 

Sec.  14.  And  be  it  further  enacted,  That  as  soon  as  said 
assignee  is  appointed  and  qualified,  the  judge,  or,  where 
there  is  no  opposing  interest,  the  register  shall,  by  an  in- 
strument under  his  hand,  assign  and  convey  to  the  as- 
signee all  the  estate,  real  and  personal,  of  the  bankrupt, 
with  all  his  deeds,  books,  and  papers  relating  thereto,  and 
such  assigument  shall  relate  back  to  the  commencement 
of  said  proceedings  in  bankruptcy,  and  thereupon,  by  op- 
eration of  law,  the  title  to  all  such  property  and  estate, 
both  real  and  personal,  shall  vest  in  said  assignee,  although 
the  same  is  then  attached  on  mesne  process  as  the  prop- 
erty of  the  debtor,  and  shall  dissolve  any  such  attachment 
made  within  four  months  next  preceding  the  commence- 
ment of  said  proceedings:  Provided,  however.  That  there 
shall  be  excepted  from  the  operation  of  the  provisions  of 
this  section  the  necessary  household  and  kitchen  furniture, 
and  such  other  articles  and  necessaries  of  such  bankrupt 
as  the  said  assignee  shall  designate  and  set  apart,  having 
reference  in  the  amount  to  the  family,  condition,  and  cir- 
cumstances of  the  bankrupt,  but  altogether  not  to  exceed 
in  value,  in  any  case,  the  sum  of  five  hundred  dollars; 
and  also  the  wearing  apparel  of  such  bankrupt,  and  that 
of  his  wife  and  children,  and  the  uniform,  arms,  and  equip- 
ments of  any  person  who  is  or  has  been  a  soldier  in  the 
militia  or  in  the  service  of  the  United  States ;  and  such 
other  property  as  now  is,  or  hereafter  shall  be,  exempted 
from  attachment,  or  seizure,  or  levy  on  execution  by  the 


\ 


BANKRUPTCY  ACT,  AS  AMENDED  1875.  441 

laws  of  the  United  States,  and  such  other  property  not  in- 
cluded in  the  foregoing  exceptions  as  is  exempted  from 
levy  and  sale  upon  execution  or  other  process  or  order  of 
any  court  by  the  laws  of  the  State  in  which  the  bankrupt 
has  nis  domicile  at  the  time  of  the  commencement  of  the 
proceedings  in  bankruptcy,  to  an  amount  not  exceeding 
that  allowed  by  such  State  exemption  laws  in  force  in  the 
year  eighteen  hundred  and  sixty-four  :  Provided,  That  the 
foregoing  exception  shall  operate  as  a  limitation  upon  the 
conveyance  of  the  property  of  the  bankrupt  to  his  assignees, 
and  in  no  case  shall  the  property  hereby  excepted  pass  to 
the  assignees,  or  the  title  of  the  bankrupt  thereto  be  im- 
paired or  affected  by  any  of  the  provisions  of  this  act; 
and  the  determination  of  the  assignee  in  the  matter  shall, 
on  exception  taken,  be  subject  to  the  final  decision  of  the 
said  court :  And  provided  further,  That  no  mortgage  of  any 
vessel  or  of  any  other  goods  or  chattels,  made  as  security 
for  any  debt  or  debts,  in  good  faith  and  for  present  con- 
siderations, and  otherwise  valid,  and  duly  recorded,  pur- 
suant to  any  statute  of  the  United  States,  or  of  any  State, 
shall  be  invalidated  or  aifected  hereby ;  and  all  the  prop- 
erty conveyed  by  the  bankrupt  in  fraud  of  his  creditors ; 
all  rights  in  equity,  choses  in  action,  patents'  and  patent 
rights  and  copyrights ;  all  debts  due  him,  or  any  person 
for  his  use,  and  all  liens  and  securities  therefor ;  and  all 
his  rights  of  action  for  property  or  estate,  real  or  per- 
sonal, and  for  any  cause  of  action  which  the  bankrupt 
had  against  any  person  arising  from  contract  or  from  the 
unlawful  taking  or  detention  of  or  injury  to  the  property 
of  the  bankrupt ;  and  all  his  rights  of  redeeming  such 
property  or  estate,  with  the  like  right,  title,  power,  and 
authority  to  sell,  manage,  dispose  of,  sue  for,  and  recover 
or  defend  the  same,  as  the  bankrupt  might  or  could  have 
had  if  no  assignment  had  been  made,  shall,  in  virtue  of 
the  adjudication  of  bankruptcy  and  the  appointment  of 
his  assignee,  be  at  once  vested  in  such  assignee;  and  he 
may  sue  for  and  recover  the  said  estate,  debts,  and  efiects, 
and  may  prosecute  and  defend  all  suits  at  law  or  in  equity, 
pending  at  the  time  of  the  adjudication  of  bankruptcy,  in 
which  such  bankrupt  is  a  party  in  his  own  name,  in  the 


442  BANKRUPTCY  ACT,  AS   AMENDED  1875. 


same  manner  and  with  the  like  effect  as  they  might  have 
been  presented  or  defended  by  such  bankrupt ;  and  a  copy, 
duly  certified  by  the  clerk  of  the  court  under  the  seal 
thereof,  of  the  assignment  made  by  the  judge  or  register, 
as  the  case  may  be,  to  him  as  assignee,  shall  be  conclusive 
evidence  of  his  title  as  such  assignee  to  take,  hold,  sue 
for,  and  recover  the  property  of  the  bankrupt,  as  herein- 
before mentioned ;  but  no  property  held  by  the  bankrupt 
in  trust  shall  pass  by  such  assignment.  'No  person  shall 
be  entitled  to  maintain  an  action  against  an  assignee  in 
bankruptcy  for  any  thing  done  by  him  as  such  assignee, 
without  previously  giving  him  twenty  days'  notice  of  such 
action,  specifying  the  cause  thereof,  to  the  end  that  such 
assignee  may  have  an  opportunity  of  tendering  amends, 
should  he  see  fit  to  do  so.  No  person  shall  be  entitled,  as 
against  the  assignee,  to  withhold  from  him  possession  of 
any  books  of  account  of  the  bankrupt,  or  claim  any  lien 
thereon ;  and  no  suit  in  which  the  assignee  is  a  party  shall 
be  abated  by  his  death  or  removal  from  office,  but  the 
same  may  be  prosecuted  and  defended  by  his  successor,  or 
by  the  surviving  or  remaining  assignee,  as  the  case  may 
be.  The  assignee  shall  have  authority,  under  the  order 
and  direction  of  the  court,  to  redeem  or  discharge  any 
mortgage  or  conditional  contract,  or  pledge  or  deposit,  or 
lien  upon  any  property,  real  or  personal,  whenever  paya- 
ble, and  to  tender  due  performance  of  the  condition  there- 
of, or  to  sell  the  same  subject  to  such  mortgage,  lien,  or 
other  incumbrances.  The  debtor  shall  also,  at  the  request 
of  the  assignee,  and  at  the  expense  of  the  estate,  make 
and  execute  any  instruments,  deeds,  and  writings  which 
may  be  proper,  to  enable  the  assignee  to  possess  himself 
fully  of  all  the  assets  of  the  bankrupt.  The  assignee  shall 
immediately  give  notice  of  his  appointment,  by  publication 
at  least  once  a  week  for  three  successive  weeks,  in  such 
newspapers  as  shall,  for  that  purpose,  be  designated  by  the 
court,  due  regard  being  had  to  their  general  circulation  in 
the  district,  or  in  that  portion  of  the  district  in  which  the 
bankrupt  and  his  creditors  shall  reside,  and  shall,  within 
six  months,  cause  the  assignment  to  him  to  be  recorded  in 
every  registry  of  deeds  or  other  office  within  the  United 


BAXERUPTCY  ACT,  AS   A3IEXDED  1875. 


443 


fel.  tes  ^liere  a  conveyance  of  any  lands  owned  by  the 
baixkrupt  ought  by  law  to  be  recorded ;  and  the  record  of 
sucxi  assignment,  or  a  duly  certified  copy  thereof,  shall  be 
evivjence  thereof  in  all  courts. 

Sec.  15.  And  be  it  further  enacted,  That  the  assignee 
shall  demand  and  receive  ii'om  any  and  all  persons  holding 
the  same  all  the  estate  assigned,  or  intended  to  be  assio-ned, 
under  the  provisions  of  this  act ;  that  unless  otherwise  or- 
dered by  the  coiut,  the  assignee  shall  sell  the  propertv  of 
the  bankrupt,  whether  real  or  personal,  at  public  auction, 
in  such  pari5  or  parcels  aud  at  such  times  and  places  as 
shall  be  best  calculated  to  produce  the  greatest  amoimt 
with  the  least  expense.  All  notices  of  piibhc  sales  under 
this  act  by  any  assignee  or  officer  of  the  court  shall  be 
published  once  a  week  for  three  consecutive  weeks  in  the 
newspaper  or  newspapers,  to  be  designated  bv  the  judge, 
which,  in  his  opinion,  shall  be  best  calculated  to  give  o-en- 
eral  notice  of  the  sale.  Aud  the  com't,  on  the  application 
of  any  party  in  interest,  shall  have  complete  supervisory 
power  over  such  sales,  including  the  power  to  set  aside  the 
same  and  to  order  a  re-sale,  so  that  the  property  sold  shall 
realize  the  largest  sum.  And  the  court  may,'  in  its  dis- 
cretion, order  any  real  estate  of  the  baiikrupt,"  or  anv  part 
thereof,  to  be  sold  for  one-fourth  cash  at  the  time  of  sale, 
and  the  residue  within  eighteen  months  in  such  instalments 
as  the  court  may  direct,  bearing  interest  at  the  rate  of 
seven  per  centum  per  annum,  and  secured  by  proper  mort- 
gage or  lien  upon  the  property  so  sold.  And  it  shall  be 
the  duty  of  every  assignee  to  keep  a  regular  account  of 
aU  moneys  received  or  expended  by  him  as  such  assignee, 
to  which  account  every  creditor  shall,  at  reasonable  times, 
have  free  access.  If  any  assignee  shall  fail  or  neglect  to 
well  and  faithfully  discharge  his  duties  in  the  sale  or  dis- 
position of  property  as  above  contemplated,  it  shall  be  the 
duty  of  the  court  to  remove  such  assignee,  and  he  shall 
forfeit  all  fees  and  emoluments  to  which  he  might  be  enti- 
tled in  connection  with  such  sale.  And  if  any  assisnee 
shaU,  in  any  manner,  in  violation  of  his  duty  'aforesaid, 
unfoirly  or  wrongfully  sell  or  dispose  of,  or  in  any  man- 
ner fraudulently  or  corruptly  combine,  conspirCj  or  agree 


444  BAlfKEUPTCY  ACT,  AS  AMENDED  1875. 


with  any  person  or  persons,  with  intent  to  unfairly  or 
wrongfully  sell  or  dispose  of  the  property  committed  to 
his  charge,  he  shall,  upon  proof  thereof,  be  removed,  and 
forfeit  all  fees  or  other  compensation  for  any  and  all  serv- 
ices in  connection  with  such  bankrupt's  estate,  and,  upon 
conviction  thereof  before  any  court  of  competent  jurisdic- 
tion, shall  be  liable  to  a  fine  of  not  more  than  ten  thou- 
sand dollars,  or  imprisonment  in  the  penitentiary  for  a 
term  of  not  exceeding  two  years,  or  both  fine  and  impris- 
onment, at  the  discretion  of  the  court.  And  any  person 
so  combining,  conspiring,  or  agreeing  with  such  assignee 
for  the  purpose  aforesaid  shall,  upon  conviction,  be  liable 
to  a  like  punishment.  That  the  assignee  shall  report, 
under  oath,  to  the  court,  at  least  as  often  as  once  in  three 
months,  the  condition  of  the  estate  in  his  charge,  and  the 
state  of  his  accounts  in  detail,  and  at  all  other  times  when 
the  court,  on  motion  or  otherwise,  shall  so  order.  And  on 
any  settlement  of  the  accounts  of  any  assignee,  he  shall  be 
required  to  account  for  all  interest,  benefit,  or  advantage 
received,  or  m  any  manner  agreed  to  be  received,  directly 
or  indirectly,  from  the  use,  disposal,  or  proceeds  of  the 
bankrupt's  estate.  And  he  shall  be  required,  upon  such 
settlement,  to  make  and  file  in  court  an  affidavit  declaring, 
according  to  the  truth,  whether  he  has  or  has  not,  as  the 
case  may  be,  received,  or  is  or  is  not,  as  the  case  may  be, 
to  receive,  directly  or  indirectly,  any  interest,  benefit,  or 
advantage  from  the  use  or  deposit  of  such  funds;  and 
such  assignee  may  be  examined  orally  upon  the  same  sub- 
ject, and  if  he  shall  willfully  swear  falsely,  either  in  such 
affidavit  or  examination,  or  to  his  report  provided  for  in 
this  section,  he  shall  be  deemed  to  be  guilty  of  perjury, 
and,  on  conviction  thereof,  be  punished  by  imprisonment 
in  the  penitentiary  not  less  than  one  and  not  more  than 
five  years. 

Sec.  16.  And  be  it  further  enacted,  That  the  assignee 
shall  have  the  like  remedy  to  recover  all  said  estate,  debts, 
and  effects,  in  his  own  name,  as  the  debtor  might  have 
had  if  the  decree  in  bankruptcy  had  not  been  rendered 
and  no  assignment  had  been  made.  If,  at  the  time  of  the 
commencement  of  proceedings  in  bankruptcy,  an  action  is 


BANKRUPTCY  ACT,  AS  AMENDED  1875.  445 

pending  in  the  name  of  the  debtor  for  the  recovery  of  a 
debt  or  other  thing  which  might  or  ought  to  pass  to  the 
assignee  by  the  assignment,  the  assignee  shall,  if  he  re- 
quires it,  be  admitted  to  prosecute  the  action  in  his  own 
name,  in  like  manner  and  with  like  effect,  as  if  it  had 
been  originally  commenced  by  him.  No  suit  pending  in 
the  name  of  the  assignee  shall  be  abated  by  his  death  or 
removal ;  but  upon  the  motion  of  the  surviving,  or  re- 
maining, or  new  assignee,  as  the  case  may  be,  he  shall  be 
admitted  to  prosecute  the  suit,  in  like  manner  and  with 
like  effect  as  if  it  had  been  originally  commenced  by  him. 
In  suits  prosecuted  by  the  assignee,  a  certified  copy  of  the 
assignment  made  to  him  by  the  judge  or  register  shall  be 
conclusive  evidence  of  his  authority  to  sue. 

Sec.  17.  And  be  it  further  enacted,  That  the  assignee 
shall,  as  soon  as  may  be  after  receiving  any  money  belong- 
ing to  the  estate,  deposit  the  same  in  some  bank  in  his 
name  as  assignee,  or  otherwise  keep  it  distinct  and  apart 
from  all  other  money  in  his  possession ;  and  shall,  as  far 
as  practicaule,  keep  all  goods  and  effects  belonging  to  the 
estate  separate  and  apart  from  all  other  goods  in  his  pos- 
session, or  designated  by  appropriate  marks,  so  that  they 
may  be  easily  and  clearly  distinguished,  and  may  not  be 
exposed  or  liable  to  be  taken  as  his  property  or  for  the 
payment  of  his  debts.  When  it  appears  that  the  distri- 
bution of  the  estate  may  be  delayed  by  litigation  or  other 
cause,  the  court  may  direct  the  temporary  investment  of 
the  money  belonging  to  such  estate  in  securities  to  be 
approved  by  the  judge  or  a  register  of  said  court,  or  may 
authorize  the  same  to  be  deposited  in  any  convenient 
bank,  upon  such  interest,  not  exceeding  the  legal  rate,  as 
the  bank  may  contract  with  the  assignee  to  pay  thereon. 
He^  shall  give  written  notice  to  all  known  creditors,  by 
mail  or  otherwise,  of  all  dividends,  and  such  notice  of 
meetings,  after  the  first,  as  may  be  ordered  by  the  court. 
He  shall  be  allowed,  and  may  retain,  out  of  money  in  his 
hands,  all  the  necessary  disbursements  made  by  him  in  the 
discharge  of  his  duty,  and  a  reasonable  compensation  for 
ills  services,  in  the  discretion  of  the  court.  He  may, 
upder  the  direction  of  the  court,  submit  any  controversy, 


446  BANKRUPTCY  ACT,  AS  AMENDKD  1875. 

arising  in  the  settlement  of  demands  against  the  estate,  oi 
of  debts  due  to  it,  to  the  determination  of  arbitrators,  to 
be  chosen  by  him  and  the  other  party  to  the  controversy, 
and  may,  under  such  direction,  compound  and  settle  any 
such  controversy  by  agreement  with  the  other  party,  as 
he  thinks  proper  and  most  for  the  interest  of  the  creditors, 
kSec.  18,  And  be  it  further  encided,  That  the  court,  after 
due  notice  and  hearing,  may  remove  an  assignee  for  any 
cause  which^  in  the  judgment  of  the  court,  renders  such 
removal  necessary  or  expedient.  At  a  meeting  called  by 
order  of  the  court  in  its  discretion  for  the  purpose,  or 
which  shall  be  called  upon  the  application  of  a  majority 
of  the  creditors  in  number  and  value,  the  creditors  may, 
with  consent  of  the  court,  remove  any  assignee  by  such  a 
vote  as  is  hereinbefore  provided  for  the  choice  of  assignee. 
An  assignee  may,  with  the  consent  of  the  judge,  resign 
his  trust  and  be  discharged  therefrom.  Vacancies  caused 
by  death  or  otherwise  in  the  office  of  assignee  may  be 
filled  by  appointment  of  the  court,  or,  at  its  discretion,  by 
an  election  by  the  creditors,  in  the  manner  hereinbefore 
provided,  at  a  regular  meeting,  or  at  a  meeting  called  for 
the  purpose,  w^ith  such  notice  thereof  in  writing  to  all 
known  creditors,  and  by  such  person,  as  the  court  shall 
direct.  The  resignation  or  removal  of  an  assignee  shall 
in  no,  way  release  him  from  perfo];ming  all  things  requisite 
on  his  part  for  the  proper  closing  up  of  his  trust  and  the 
transmission  thereof  to  his  successors,  nor  shall  it  affect 
the  liability  of  the  principal  or  surety  on  the  bond  given 
by  the  assignee.  When,  by  death  or  otherwise,  the  num- 
ber of  assignees  is  reduced,  the  estate  of  the  debtor  not 
lawfully  disposed  of  shall  vest  in  the  remaining  assignee 
or  assignees,  and  the  persons  selected  to  fill  vacancies,  if 
any,  with  the  same  powers  and  duties  relative  thereto  as 
if  they  were  originally  chosen.  Any  former  assignee,  his 
executors  or  administrators  upon  request,  and  at  the  ex- 
pense of  the  estate,  shall  make  and  execute  to  the  new 
assignee  all  deeds,  conveyances,  and  assurances,  and  do  all 
other  lawful  acts  requisite  to  enable  him  to  recover  and 
receive  all  the  estate.  And  the  court  may  make  all  or- 
ders which  it  may  deem  expedient  to  secure  the  proper 


BANKRUPTCY  ACT,  AS  AlHEKDED  1875.  447 


fulfillment  of  the  duties  of  any  former  assignee,  and  the 
rights  and  interests  of  all  persons  interested  in  the  estate. 
No  person  who  has  received  any  preference  contrary  to 
the  provisions  of  this  act  shall  vote  for  or  be  eligible  as 
assignee ;  but  no  title  to  property,  real  or  personal,  sold, 
transferred,  or  conveyed  by  an  assignee,  shall  be  affected 
or  impaired  by  reason  of  his  ineligibility.  An  assignee 
refusing  or  unreasonably  neglecting  to  execute  an  instru- 
ment when  lawfully  required  by  the  court,  or  disobeying  a 
laAvful  order  or  decree  of  the  court  in  the  premises,  may 
be  punished  as  for  a  contempt  of  court.  , 

OF  DEBTS  AND  PROOF  OF  CLAIMS. 

Sec.  19.  And  he  it  fuiHwr  enacted,  That  all  debts  due 
and  payable  from  the  bankrupt  at  the  time  of  the  adjudi- 
cation of  bankruptcy,  and  all  debts  then  existing  but  not 
payable  until  a  future  day,  a  rebate  of  interest  being 
made  when  no  interest  is  payable  by  the  terms  of  contract, 
may  be  proved  against  the  estate  of  the  bankrupt.  All 
demands  agamst  the  bankrupt  for  or  on  account  of  any 
goods  or  chattels  wrongfully  taken,  converted,  or  with- 
held by  him,  may  be  proved  and  allowed  as  debts  to  the 
amount  of  the  value  of  the  property  so  taken  or  withheld, 
with  interest.  If  the  bankrupt  shall  be  bound  as  drawer, 
indorser,  surety,  bail,  or  guarantor  upon  any  bill,  bond' 
note,  or  any  other  specialty  or  contract,  or  for  any  debt  of 
another  person,  and  his  liability  shall  not  have  become 
absolute  until  after  the  adjudication  of  bankruptcy,  the 
creditor  may  prove  the  same,  after  such  liability  shall  have 
become  fixed,  and  before  the  final  dividend  shall  have  been 
declared.  In  aU  cases  of  contingent  debts  and  contingent 
liabilities  contracted  by  the  bankrupt,  and  not  herein 
otherwise  provided  for,  the  creditor  may  make  claim  there- 
for, and  have  his  claim  allowed,  with  the  right  to  share  in 
the  dividends,  if  the  contingency  shall  happen  before  the 
order  for  the  final  dividend ;  or  he  may  at  any  time  apply 
to  the  court  to  have  the  present  value  of  the  debt  or  lia- 
bility ascertained  and  liquidatad,  which  shall  then  be  done 
\p  such  manner  as  the  court  shaU  order,  and  he  shall  be 


448  BANKRUPTCY  ACT,  AS   AMENDED  1875. 

allowed  to  prove  for  the  amount  so  ascertained.  Any  per- 
son liable  as  bail,  surety,  guarantor,  or  otherwise  for  the 
bankrupt,  who  shall  have  paid  the  debt  or  any  part  there- 
of in  discharge  of  the  whole,  shall  be  entitled  to  prove 
such  debt,  or  to  stand  in  the  place  of  the  creditor  if  he 
shall  have  proved  the  same,  although  such  payments  shall 
have  been  made  after  the  proceedings  in  banki'uptcy  were 
commenced.  And  any  person  so  -liable  for  the  banki'upt, 
and  who  has  not  paid  the  whole  of  said  debt,  but  is  still 
liable  for  the  same  or  any  part  thereof,  may,  if  the  cred- 
itor shall  fail  or  omit  to  prove  such  debt,  prove  the  same 
either  in  the  name  of  the  creditor  or  other^vise,  as  may  be 
provided  by  the  rules,  and  subject  to  such  regulations  and 
limitations  as  may  be  established  by  such  rules.  Where 
the  bankrupt  is  liable  to  pay  rent,  or  other  debt  falling 
due  at  fixed  and  stated  periods,  the  creditor  may  prove 
for  a  proportionate  part  thereof  up  to  the  time  of  the 
bankruptcy,  as  if  the  same  grew  due  from  day  to  day, 
and  not  at  such  fixed  and  stated  periods.  If  any  bank- 
rupt shall  be  liable  for  unliquidated  damages  arising  out  of 
any  contract  or  promise,  or  on  account  of  any  goods  or 
chattels  wrongfully  taken,  converted,  or  withheld,  the  com-t 
may  cause  such  damages  to  be  assessed  in  such  modfr  as  it 
may  deem  best,  and  the  sum  so  assessed  may  be  proved 
against  the  estate.  Xo  debts  other  than  those  above  speci- 
fied shall  be  proved  or  allowed  against  the  estate. 

Sec.  20.  And  be  it  fiuiher  enacted,  That  in  all  cases  of 
mutual  debts  or  mutual  credits  between  the  parties,  the 
account  between  them  shall  be  stated,  and  one  debt  set  off 
against  the  other,  and  the  balance  only  shall  be  allowed  or 
paid,  but  no  set-off  shall  be  allowed  of  a  claim  in  its  nature 
not  provable  against  the  estate,  or  in  cases  of  compulsory 
bankruptcy  after  the  act  of  banki'uptcy  upon  or  in  respect 
of  which  the  adjudication  shall  be  made,  and  with 
a  view  of  making  such  set-off:  Provided,  That  no  set- 
off shall  be  allowed  in  favor  of  any  debtor  to  the 
bankrupt  of  a  claim  purchased  by  or  transferred  to  him 
after  the  filing  of  the  petition.  When  a  creditor  has  a 
mortgage  or  pledge  of  real  or  personal  property  of  the 
banki'upt,  or  a  lien  thereon  for  securing  the  payment  of  a 


BANKRUPTCY  ACT,  AS  AMENDED   1875.  449 


debt  owing  to  him  from  tlie  bankrupt,  he  shall  be  admitted 
as  a  creditor  only  for  the  balance  of  the  debt  after  deduct- 
ing the  value  of  such  property,  to  be  ascertained  by  agree- 
ment between  him  and  the  assignee,  or  by  a  sale  thereof, 
to  be  made  in  such  manner  as  the  court  shall  direct ;  or 
the  creditor  may  release  or  convey  his  claim  to  the 
assignee  upon  such  property,  and  be  admitted  to  prove  his 
whole  debt.  If  the  value  of  the  property  exceeds  the  sum 
for  which  it  is  so  held  as  security,  the  assignee  may  release 
to  the  creditor  the  bankrupt's  right  of  redemption  therein 
on  receiving  such  excess ;  or  he  may  sell  the  property, 
subject  to  the  claim  of  the  creditor  thereon  ;  and  in  either 
case  the  assignee  and  creditor,  respectively,  shall  execute 
all  deeds  and  writings  necessary  or  proper  to  consummate 
the  transaction.  If  the  property  is  not  so  sold  or  released 
and  delivered  up,  the  creditor  shall  not  be  allowed  to  prove 
any  part  of  his  debt. 

Sec.  21.  ATid  be  it  further  enacted,  That  no  creditor  prov- 
ing his  debt  or  claim  shall  be  allowed  to  maintain  any  suit 
at  law  or  in  equity  therefor  against  the  bankrupt,  but  shall 
be  deemed  to  have  waived  all  right  of  action  and  suit 
against  the  bankrupt,  and  all  proceedings  already  com- 
menced, or  unsatisfied  judgments  already  obtained  thereon, 
shall  be  deemed  to  be  discharged  and  surrendered  thereby. 
But  a  creditor  proving  his  debt  or  claim  shall  not  be  held 
to  have  waived  his  right  of  action  or  suit  against  the  bank- 
rupt where  a  discharge  has  been  refused,  or  the  proceed- 
ings have  been  determined  without  a  discharge ;  and  no 
creditor  whose  debt  is  provable  under  this  act  shall  be 
allowed  to  prosecute  to  final  judgment  any  suit  at  law  or 
in  equity  therefor  against  the  bankrupt,  until  the  question 
of  the  debtor's  discharge  shall  have  been  determined ;  and 
any  such  suit  or  proceedings  shall,  upon  the  application  of 
the  bankrupt,  be  stayed  to  await  the  determination  of  the 
court  in  bankruptcy  on  the  question  of  the  discharge, 
provided  there  be  no  unreasonable  delay  on  the  part 
of  the  bankrupt  in  endeavoring  to  obtain  his  dis- 
charge, and  provided,  also,  that  if  the  amount  due  the 
creditor  is  in  dispute,  the  suit,  by  leave  of  the  court  in 
bankruptcy,  may  proceed  to  judgment,  for  the  purpose  of 
38 


450  BANKRUPTCY  ACT,  AS   AMENDED  1875. 


ascertaining  the  amount  due,  which  amount  may  be  proved 
in  bankruptcy,  but  execution  shall  be  stayed  as  aforesaid. 
If  any  bankrupt  shall,  at  the  time  of  adjudication,  be 
liable  upon  any  bill  of  exchange,  promissory  note,  or  other 
obligation  in  respect  of  distinct  contracts  as  a  member  of 
two  or  more  firms  carrying  on  separate  and  distinct  trades, 
and  having  distinct  estates  to  be  wound  up  in  bankruptcy, 
or  as  a  sole  trader  and  also  as  a  member  of  a  firm,  the 
circumstance  that  such  firms  are  in  whole  or  in  part  com- 
posed of  the  same  individuals,  or  that  the  sole  contractor 
is  also  one  of  the  joint  contractors,  shall  not  prevent  proof 
and  receipt  of  dividend  in  respect  of  such  distinct  contracts 
against  the  estates  respectively  liable  upon  such  contracts. 

Sec.  22.  And  be  it  further  enacted,  That  all  proofs  of 
debts  against  the  estate  of  the  bankrupt,  by  or  in  behalf 
of  creditors  residing  within  the  judicial  district  where  the 
proceedings  in  bankruptcy  are  pending,  shall  be  made 
before  one  of  the  registers  of  the  court  in  said  district, 
and  by  or  in  behalf  of  non-resident  debtors  before  any 
register  in  bankruptcy  in  the  judicial  district  where  such 
creditors,  or  either  of  them,  reside,  or  before  any  commis- 
sioner of  the  circuit  court  authorized  to  administer  oaths 
in  any  district.  To  entitle  a  claimant  against  the  estate 
of  a  bankrupt  to  have  his  demand  allowed,  it  must  be 
verified  by  a  deposition  in  writing  on  oath  or  solemn  aflir- 
mation  before  the  proper  register  or  commissioner,  setting 
forth  the  demand,  the  consideration  thereof,  whether  any 
and  what  securities  are  held  therefor,  and  whether  any 
and  what,  payments  have  been  made  thereon ;  that  the 
sum  claimed  is  justly  due  from  the  bankrupt  to  the  claim- 
ant ;  that  the  claimant  has  not,  nor  has  any  other  person 
for  his  use,  received  any  security  or  satisfaction  whatever 
other  than  that  by  him  set  forth ;  that  the  claim  was  not 
procured  for  the  purpose  of  influencing  the  proceedings 
under  this  act,  and  that  no  bargain  or  agreement,  express  or 
implied,  has  been  made  or  entered  into,  by  or  on  behalf  of 
such  creditor,  to  sell,  transfer,  or  dispose  of  the  said  claim,  or 
any  part  thereof,  against  such  bankrupt,  or  take  or  receive, 
directly  or  indirectly,  any  money,  property,  or  considera- 
tion whatever,  whereby  the  vote  of  such  creditor  for  as- 


BANKRUPTCY  ACT,  AS  AMENDED  1875.  451 


signee,  or  any  action  on  the  part  of  such  creditor  or  any 
other  person  in  the  proceedings  under  this  act,  is  or  shall 
be  in  any  way  affected,  influeuced,  or  controlled,  and  no 
claim  shall  be  allowed  unless  all  the  statements  set  forth  in 
such  deposition  shall  appear  to  be  true.  Such  oath  or  sol- 
emn affirmation  shall  be  made  by  the  claimant  testifying 
of  his  own  knowledge,  unless  he  is  absent  from  the  United 
States  or  prevented  by  some  other  good  cause  from  testi- 
fying, in  which  cases  the  demand  may  be  verified  in  like 
manner  by  the  attorney  or  authorized  agent  of  the  claim- 
ant testifying  to  the  best  of  his  knowledge,  information, 
and  belief,  and  setting  forth  his  means  of  knowledge,  or, 
if  in  a  foreign  country,  the  oath  of  the  creditor  may  be 
taken  before  any  minister,  consul,  or  vice-consul  of  the 
United  States ;  and  the  court  may,  if  it  shall  see  fit, 
require  or  receive  further  pertinent  evidence,  either  for  or 
against  the  admission  of  the  claim.  Corporations  may 
verify  their  claims  by  the  oath  or  solemn  affirmation  of 
their  president,  cashier,  or  treasurer.  If  the  proof  is  sat- 
isfactory to  the  register  or  commissioner,  it  shall  be  signed 
by  the  deponent,  and  delivered  or  sent  by  mail  to  the  as- 
signee, who  shall  examine  the  same  and  compare  it  with 
the  books  and  accounts  of  the  bankrupt,  and  shall  regis- 
ter, in  a  book  to  be  kept  by  him  for  that  purpose,  the 
names  of  creditors  who  have  proved  their  claims,  in  the 
order  in  which  such  proof  is  received,  stating  the  time  of 
receipt  of  such  proof,  and  the  amount  and  nature  of  the 
debts,  which  books  shall  be  open  to  the  inspection  of  all 
the  creditors.  The  court  may,  on  the  application  of  the 
assignee,  or  of  any  creditor,  or  of  the  bankrupt,  or  without 
any  application,  examine  upon  oath  the  bankrupt,  or  any 
person  tendering  or  who  has  made  proof  of  claims,  and 
may  summon  any  person  capable  of  giving  evidence  con- 
cerning such  proof,  or  concerning  the  debt  sought  to  be 
proved,  and  shall  reject  all  claims  not  duly  proved,  or 
where  the  proof  shows  the  claim  to  be  founded  in  fraud, 
illegality,  or  mistake. 

Sec.  28.  And  he  it  further  enacted,  That  when  a  claim  is 
presented  for  proof  before  the  election  of  the  assignee,  and 
the  judge  entertains  doubts  of  its  validity,  or  of  the  right 


452  BANKRUPTCY  ACT,  AS  AMENDED  1875. 

of  the  creditor  to  prove  it,  and  is  of  opinion  that  such 
validity  or  right  ought  to  be  investigated  by  the  assignee, 
he  may  postpone  the  proof  of  the  claim  until  the  assignee 
is  chosen.  Any  person  who,  after  the  approval  of  this 
act,  shall  have  accepted  any  preference,  having  reasonable 
cause  to  believe  that  the  same  was  made  or  given  by  the 
debtor,  contrary  to  any  provision  of  this  act,  shall  not 
prove  the  debt  or  claim  on  account  of  which  the  preference 
was  made  or  given,  nor  shall  he  receive  any  dividend 
therefrom,  until  he  shall  first  have  surrendered  to  the  as- 
signee all  property,  money,  benefit,  or  advantage,  received 
by  him  under  such  preference.  The  court  shall  allow  all 
debts  duly  proved,  and  shall  cause  a  hst  thereof  to  be 
made  and  certified  by  one  of  the  registers ;  and  any  cred- 
itor may  act  at  all  meetings  by  his  duly  constituted  attor- 
ney the  same  as  though  personally  present. 

Sec.  24.  And  be  it  further  enacted,  That  a  supposed  cred- 
itor who  takes  an  appeal  to  the  circuit  court  from  the 
decision  of  the  district  court  rejecting  his  claim,  in  whole 
or  in  part,  shall,  upon  entering  his  appeal  in  the  circuit 
court,  file  in  the  clerk's  office  thereof  a  statement  in  writ- 
ing of  his  claim,  setting  forth  the  same,  substantially,  as 
in  a  declaration  for  the  same  cause  of  action  at  law,  and 
the  assignee  shall  plead  or  answer  thereto  in  like  manner, 
and  hke  proceedings  shall  thereupon  be  had  in  the  plead- 
ings, trial,  and  determination  of  the  cause,  as  in  an  action 
at  law  commenced  and  prosecuted,  in  the  usual  manner, 
in  the  courts  of  the  United  States,  except  that  no  execu- 
tion shall  be  awarded  against  the  assignee  for  the  amount 
of  a  debt  found  due  to  the  creditor.  The  final  judgment 
of  the  ^  court  shall  be  conclusive,  and  the  list  of  debts 
shall,  if  necessary,  be  altered  to  conform  thereto.  The 
party  prevailing  in  the  suit  shall  be  entitled  to  costa 
against  the  adverse  party,  to  be  taxed  and  recovered  as  in 
suits  at  law ;  if  recovered  against  the  assignee  they  shall 
be  allowed  out  of  the  estate.  A  bill  of  exchange,  prom- 
issory note,  or  other  instrument,  used  m  evidence  upon  the 
proof  of  a  claim,  and  left  in  court,  or  deposited  in  the 
clerk's  office,  may  be  delivered,  by  the  register  or  clerk 
having  the  custody  thereof,  to  the  person  who  used  it, 


BANKEUPTCY  ACT,  AS  AMENDED  1875. 


453 


upon  his  filing  a  copy  thereof,  attested  by  the  clerk  of  the 
court,  who  shall  indorse  upon  it  the  name  of  the  party 
against  whose  estate  it  has  been  proved  and  the  date  and 
amount  of  any  dividend  declared  thereon. 

OF  PKOPEKTY  PEEISHABLE  AND  IN  DISPUTE. 

Sec.  25.  And  be  it  further  enacted,  That  when  it  appears 
to  the  satisfaction  of  the  court  that  the  estate  of  the  debtor, 
or  any  part  thereof,  is  of  a  perishable  nature,  or  liable  to 
deteriorate  in  value,  the  court  may  order  the  same  to  be 
sold,  in  such  manner  as  may  be  deemed  most  expedient, 
under  the  direction  of  the  messenger  or  assignee,  as  the 
case  may  be,  who  shall  hold  the  funds  received  in  place  of 
the  estate  disposed  of;  and  whenever  it  appears  to  the 
satisfaction  of  the  court  that  the  title  to  any  portion  of 
an  estate,  real  or  personal,  which  has  come  into  possession 
of  the  assignee,  or  which  is  claimed  by  him,  is  in  dispute, 
the  court  may,  upon  the  petition  of  the  assignee,  and  after 
such  notice  to  the  claimant,  his  agent  or  attorney,  as  the 
court  shall  deem  reasonable,  order  it  to  be  sold,  under  the 
direction  of  the  assignee,  who  shall  hold  the  funds  received 
in  place  of  the  estate  disposed  of;  and  the  proceeds  of  the 
sale  shall  be  considered  the  measure  of  the  value  of  the 
property  in  any  suit  or  controversy  between  the  parties  in 
any  courts.  But  this  provision  shall  not  prevent  the 
recovery  of  the  property  from  the  possession  of  the  as- 
signee by  any  proper  action  commenced  at  any  time  before 
the  court  orders  the  sale. 

EXAMINATION  OF'BANKEUPTS. 

Sec.  26.  And  be  it  fuHher  enacted.  That  the  court  may, 
on  the  application  of  the  assignee  in  bankruptcy,  or  of 
any  creditor,  or  without  any  application,  at  all  times  re- 
quire the  bankrupt,  upon  reasonable  notice,  to  attend  and 
submit  to  an  examination,  on  oath,  upon  all  matters  relat- 
ing to  the  disposal  or  condition  of  his  property,  to  his 
trade  and  dealings  with  others,  and  his  accounts  concern- 
ing the  same,  to  all  debts  due  to  or  claimed  from  him, 
and  to  all  other  matters  concerning  his  property  and  estate 


454  BANKKUPTCY  ACT,  AS  AMENDED  1875. 


and  the  due  settlement  thereof  according  to  law,  which 
examination  shall  be  in  writing,  and  shall  be  signed  by 
the  bankrupt  and  filed  with  the  other  proceedings ;  and 
the  court  may,  in  like  manner,  require  the  attendance  of 
any  other  person  as  a  witness,  and  if  such  person  shall 
fail  to  attend,  on  being  summoned  thereto,  the  court  may 
compel  his  attendance  by  warrant  directed  to  the  marshal, 
commanding  him  to  arrest  such  person  ^nd  bring  him 
forthwith  before  the  court,  or  before  a  register  in  bank- 
ruptcy, for  examination  as  such  witness.    If  the  banki-upt 
is  imprisoned,  absent,  or  disabled  from  attendance,  the 
court  may  order  him  to  be  produced  by  the  jailer,  or  any 
officer  in  whose  custody  he  may  be,  or  may  direct  the 
examination  to  be  had,  taken,  and  certified,  at  such  time 
and  place  and  in  such  manner,  as  the  court  may  deem 
proper,  and  with  like  efiect  as  if  such  examination  had 
been  had  in  court.    The  bankrupt  shall,  at  all  times, 
until  his  discharge,  be  subject  to  the  order  of  the  court, 
and  shall,  at  the  expense  of  the  estate,  execute  all  proper 
writings  and  instruments,  and  do  and  perform  all  acts 
required  by  the  court  touching  the  assigned  property  or 
estate,  and  to  enable  the  assignee  to  demand,  recover,  and 
-  receive  all  the  property  and  estate  assigned,  wherever  sit- 
uated ;  and  for  neglect  or  refusal  to  obey  any  order  of 
the  court,  such  bankrupt  may  be  committed  and  punished 
as  for  a  contempt  of  court.    If  the  bankrupt  is  without 
the  district,  and  unable  to  return  and  personally  attend  at 
any  of  the  times  or  do  any  of  the  acts  which  may  be 
specified  or  required  pursuant  to  this  section,  and  'if  it 
appears  that  such  absence  was  not  caused  by  mllful  default, 
and  if,  as  soon  as  may  be  after  the  removal  of  such  imped- 
iment, he  offers  to  attend  and  submit  to  the  order  of  the 
court  in  all  respects,  he  shall  be  permitted  so  to  do,  with 
like  effect  as  if  he  had  not  been  in  default.    He  shall 
also  be  at  Liberty,  from  time  to  time,  upon  oath,  to  amend 
and  correct  his  schedule  of  creditors  and  property,  so  that 
the  same  shall  conform  to  the  facts.     For  good  cause 
shown  the  wife  of  any  bankrupt  may  be  required  to  attend 
before  the  court,  to  the  end  that  she  may  be  examined  as 
a  witness ;  and  if  such  wife  do  not  attend  at  the  time  and 


BANKRUPTCY  ACT,  AS  AMENDED  1875. 


455 


place  specified  in  the  order,  the  bankrupt  shall  not  ba 
entitled  to  a  discharge  unless  he  shall  prove  to  the  satis- 
faction of  the  court  that  he  was  unable  to  procure  the 
attendance  of  his  wife.  No  bankrupt  shall  be  liable  to 
arrest  during  the  pendency  of  the  proceedings  in  bank- 
ruptcy in  any  civil  action,  unless  the  same  is  founded  on 
some  debt  or  claim  from  which  his  discharge  in  bankruptcy 
would  not  release  him.  In  all  causes  and  trials  arising  or 
ordered  under  this  act,  the  alleged  bankrupt,  and  any 
party  thereto,  shall  be  a  competent  witness. 

OF  THE  DISTEIBUTION  OF  THE  BANKEUPT'S  ESTATE. 

Sec.  27.  And  be  it  further  enacted,  That  all  creditors 
whose  debts  are  duly  proved  and  allowed  shall  be  entitled 
to  share  in  the  bankrupt's  property  and  estate  pro  rata^ 
without  any  priority  or  preference  Avhatever,  except  that 
wages  due  from  him  to  any  operative,  or  clerk,  or  house 
servant,  to  an  amount  not  exceeding  fifty  dollars,  for  labor 
performed  within  six  months  next  preceding  the  adjudica- 
tion of  bankruptcy,  shall  be  entitled  to  priority,  and  shall 
be  first  paid  m  full :  Provided,  That  any  debt"  proved  by 
any  person  liable  as  bail,  surety,  guarantor,  or  otherwise, 
for  the  bankrupt  shall  not  be  paid  to  the  person  so  prov- 
ing ^the  same  until  satisfactory  evidence  shall  be  produced 
of  the  payment  of  such  debt  by  such  person  so  liable,  and 
the  share  to  which  such  debt  would  be  entitled  may  be 
paid  into  court,  or  otherwise  held  for  the  benefit  of  the 
party  entitled  thereto,  as  the  court  may  direct.  At  the 
expiration  of  three  months  from  the  date  of  the  adjudi- 
cation of  bankruptcy  in  any  case,  or  as  much  earlier  as 
the  court  may  direct,  the  ^ourt,  upon  request  of  the  as- 
signee, shall  call  a  general  meeting  of  the*  creditors,  of 
wdiich  due  notice  shall  be  given,  and  the  assignee  shall 
then  report,  and  exhibit  to  the  court  and  to  the  creditors 
just  and  true  accounts  of  all  his  receipts  and  payments, 
verified  by  his  oath,  and  he  shall  also  produce  and  file 
vouchers  for  all  payments  for  which  vouchers  shall  be 
required  by  any  rule  of  the  court ;  he  shall  also  submit 
the  schedule  of  the  bankrupt's  creditors  and  property  as 


456  BANKRUPTCY  ACT,  AS  AMENDED  1875. 


amended,  duly  verified  by  tlie  bankrupt,  and  a  statement 
of  the  whole  estate  of  the  bankrupt  as  then  ascertained, 
of  the  property  recovered  and  of  the  property  outstanding, 
specifying  the  cause  of  its  being  outstanding,  also  what 
debts  or  claims  are  yet  undetermined,  and  stating  what 
sum  remains  in  his  hands.  At  such  meeting  the  majority 
in  value  of  the  creditors  present  shall  determine  whether 
any  and  what  part  of  the  net  proceeds  of  the  estate,  after 
deducting  and  retaining  a  sum  sufficient  to  provide  for  all 
undetermined  claims  which,  by  reason  of  the  distant  resi- 
dence of  the  creditor,  or  for  other  sufficient  re^on,  have 
not  been  proved,  and  for  other  expenses  and  conmigencies, 
shall  be  divided  among  the  creditors ;  but  unless  at  least 
one-half  in  value  of  the  creditors  shall  attend  such  meet- 
ing, either  in  person  or  by  attorney,  it  shall  be  the  duty 
of  the  assignee  so  to  determine.  In  case  a  dividend  is 
ordered  the  register  shall  within  ten  days  after  such  meet- 
ing, prepare  a  list  of  creditors  entitled  to  dividend,  and 
shall  calculate  and  set  opposite  to  the  name  of  each  cred- 
itor who  has  proved  his  claim  the  dividend  to  which  he  is 
entitled  out  of  the  net  proceeds  of  the  estate  set  apart  for 
dividend,  and  shall  forward  by  mail  to  every  creditor  a 
statement  of  the  dividend,  to  which  he  is  entitled,  and 
such  creditor  shall  be  paid  by  the  assignee  in  such  manner 
as  the  court  may  direct. 

8ec.  28.  And  be  it  further  enacted,  That  the  like  pro- 
ceedings shall  be  had  at  the  expiration  of  the  next  ,three 
months,  or  earlier,  if  practicable,  and  a  third  meeting  of 
creditors  shall  then  be  called  by  the  court,  and  a  final  div- 
idend then  declared,  unless  any  action  at  law  or  suit  in 
equity  be  pending,  or  unless  some  other  estate  or  effects  of 
the  debtor  afterwards  come  to  the  hands  of  the  assignee, 
in  which  case  the  assignee  shall,  as  soon  as  may  be,  con- 
vert such  estate  or  effects  into  money,  and  within  two 
months  after  the  same  shall  be  so  converted  the  same 
shall  be  divided  in  manner  aforesaid.  Further  dividends 
shall  be  made  in  like  manner  as  often  as  occasion  requires ; 
and  after  the  third  meeting  of  creditors  no  further  meeting 
shall  be  called,  unless  ordered  by  the  court.  If  at  any 
time  there  shall  be  in  the  hands  of  the  assignee  any  out- 


BAlfKEUPTCY  ACT,  AS  ASIENDED  1875.  457 

Standing  debts  or  other  property,  due  or  belonging  to  the 
estate,  which  can  not  be  collected  and  received  by  the  as- 
signee without  unreasonable  or  inconvenient   delay  or 
expense,  the  assignee  may,  under  the  direction  of  the 
court,  sell  and  assign  such  debts  or  other  property  in  such 
manner  as  the  court  shall  order,    m  dividend  already 
declared  shall  be  disturbed  by  reason  of  debts  bemg  sub- 
sequently proved,  but  the  creditors  proving  such  debts 
shall  be  entitled  to  a  dividend  equal  to  those  already  re- 
ceived by  the  other  creditors  before  any  further  pavment 
IS  made  to  the  latter.    Preparatory  to  the  final  dividend, 
the  assignee  shall  submit  his  account  to  the  court  and  file 
the  same,  and  give  notice  to  the  creditors  of  such  filing, 
and  shall  also  give  notice  that  he  wiU  apply  for  a  settle- 
ment of  his  account,  and  for  a  discharge  from  aU  liability 
as  assignee,  at  a  time  to  be  specified  in  such  notice  :  and 
at  such  time  the  court  shall  audit  and  pass  the  accounts 
of  the  assignee,^  and  such  assignee  shall,  if  required  by  the 
court,  be  examined  as  to  the  truth  of  such  account,  and 
It  found  correct  he  shall  thereby  be  discharged  from  all 
liability  as  assignee  to  any  creditor  of  the  bankrupt.  The 
court  shall  thereupon  order  a  dividend  of  the  estate  and 
effects,  or  of  such  part  thereof  as  it  sees  fit,  among  such 
of  the  creditors  as  have  proved  their  claims,  in  proportion 
to  the  respective  amount  of  their  said  debts.    In  addition 
to  all  expenses  necessarily  incurred  by  him  in  the  execu- 
tion ot  his  trust,  m  any  case,  the  assignee  shall  be  enti- 
tled to  an  allowance  for  his  services  m  such  case,  on  aU 
moneys  received  and  paid  out  by  him  therein,  for  any 
sum  not  exceedmg  one  thousand  dollars,  five  per  centum 
thereon  ,•  for  any  larger  sum,  not  exceeding  five  thousand 
dollars,  two  and  a  half  per  centum  on  the  excess  over  one 
thousand  dollars;  and  for  any  larger  sum,  one  per  centum 
on  the  excess  over  five  thousand  dollars;  and  if,  at  any 
time,  there  shall  not  be  in  his  hands  a  sufficient  amount 
ot  money  to  defray  the  necessary  expenses  required  for  ^ 
the  further  execution  of  his  trust,  he  shall  not  be  obliged 
to  proceed  therein  until  the  necessary  funds  are  advanced 
or  satisfactorily  secured  to  him.    If,  by  accident,  mistake, 
or  other  cause,  without  fault  of  the  assignee,  either  or 
39 


458 


BANKRUPTCY  ACT,  AS  AMENDED  1875. 


botli  of  tlie  said  second  and  third  meetings  should  not  be 
held  within  the  times  limited,  the  court  may,  upon  motion 
of  an  interested  party,  order  such  meetings,  with  like  effect 
as  to  the  validity  of  the  proceedings,  as  if  the  meeting 
had  been  duly  held.  In  the  order  for  a  dividend,  under 
this  section,  the  following  claims  shall  be  entitled  to  pri- 
ority or  preference,  and  to  be  first  paid  in  full  in  the  fol- 
lowing order : 

First.  The  fees,  costs,  and  expenses  of  suits,  and  the 
several  proceedings  in  bankruptcy  under  this  act,  and  for 
the  custody  of  property,  as  herein  provided. 

Second.  All  debts  due  to  the  United  States,  and  all 
taxes  and  assessments  under  the  laws  thereof. 

Third.  All  debts  due  to  the  ^State  in  which  the  pro- 
ceedings in  bankruptcy  are  pendmg,  and  all  taxes  and 
assessments  made  under  the  laws  of  such  State. 

Fourth.  Wages  due  to  any  operative,  clerk,  or  house 
servant,  to  an  amount  not  exceeding  fifty  dollars  for  labor 
performed  within  six  months  next  preceding  the  first  pub- 
lication of  the  notice  of  proceedings  in  bankruptcy. 

Fifth.  All  debts  due  to  any  persons  who  by  the  laws  of 
the  United  States,  are  or  may  be  entitled  to  a  priority  or 
preference,  in  like  manner  as  if  this  act  had  not  been 
passed:  Always  provided,  That  nothing  contained  m  this 
act  shall  interfere  with  the  assessment  and  collection  of 
taxes  by  the  authority  of  the  United  States  or  any  State. 

OF  THE  BANKRUPT'S  DISCHAEGE  AND  ITS  EFFECT. 

Sec.  29.  And  be  it  furilier  enacted,  That  at  any^  time 
after  the  expiration  of  six  months  from  the  adjudication  of 
bankruptcy,  or  if  no  debts  have  been  proved  against  the 
bankrupt,  or  if  no  assets  have  come  to  the  hands  of  the  as- 
signee, at  any  time  after  the  expiration  of  sixty  days,  and 
within  one  year  from  the  adjudication  of  bankruptcy,  the 
bankrupt  may  apply  to  the  court  for  a  discharge^  from  his 
debts,  and  the  court  shaU  thereupon  order  notice  to  be 
given  by  mail  to  all  creditors  who  have  proved  their  debts, 
and  by  pubhcation  at  least  once  a  week  m  such  newspapers 
as  the  court  shall  designate,  due  regard  being  had_  to  the 
general  circulation  of  the  same  in  the  district,  or  in  that 


BANKRUPTCY  ACT,  AS  AMENDED  1875.  459 


portion  of  the  district  in  wliich  the  bankrupt  and  his 
creditors  shall  reside,  to  appear  on  a  day  appointed  for  that 
purpose,  and  show  cause  why  a  discharge  should  not  be 
granted  to  the  bankrupt.    No  discharge  shall  be  granted, 
or,  if  granted,  be  valid,  if  the  bankrupt  has  willfully  sworn 
falsely  m  his  affidavit  annexed  to  his  petition,  schedule,  or 
inventory,  or  upon  any  examination  in  the  course  of  the 
proceedings  in  bankruptcy,  in  relation  to  any  material  fact 
concerning  his  estate  or  his  debts,  or  to  any  other  material 
fact ;  or  if  he  has  concealed  any  part  of  his  estate  or  effects, 
or  any  books  or  writings  relating  thereto,  or  if  he  has  been 
guilty  of  any  fraud  or  negligence  in  the  care,  custody,  or 
dehvery  to  the  assignee  of  the  property  belonging  to  him 
at  the  time  of  the  presentation  of  his  petition  and  inventory, 
excepting  such  property  as  he  is  permitted  to  retain  under 
the  provisions  of  this  act,  or  if  he  has  caused,  permitted,  or 
suffered  any  loss,  waste,  or  destruction  thereof;  or  if,  within 
four  months  before  the  commencement  of  such  proceedings, 
he  has  procured  his  lands,  goods,  money,  or  chattels  to  be 
attached,  sequestered,  or  seized  on  execution ;  or  if,  since 
the  passage  of  this  act,  he  has  destroyed,  mutilated,  altered, 
or  falsified  any  of  his  books,  documents,  papers,  writings,  or 
securities,  or  has  made  or  been  privy  to  the  making  of  any 
false  or  fraudulent  entry  in  any  book  of  account  or  other  docu- 
ment, with  intent  to  defraud  his  creditors ;  or  has  removed  or 
caused  to  be  removed  any  part  of  his  property  from  the  dis- 
trict, with  intent  to  defraud  his  creditors ;  or  if  he  has  given 
any  fraudulent  preference  contrary  to  the  provisions  of  this 
act,  or  made  any  fraudulent  payment,  gift,  transfer,  convey- 
ance, or  assignment  of  any  part  of  his  property,  or  has  lost 
any  part  thereof  in  gaming,  or  has  admitted  a  false  or  ficti- 
tious debt  against  his  estate;  or  if,  having  knowledge  that 
any  person  has  proved  such  false  or  fictitious  debt,  he  has 
not  disclosed  the  same  to  his  assignee  within  one  month 
after  such  knowledge ;  or  if,  being  a  merchant  or  trades- 
man, he  has  not,  subsequently  to  the  passage  of  this  act, 
kept  proper  books  of  account;  or  if  he,  or  any  person  in  his 
behalf,  has  procured  the  assent  of  any  creditor  to  the  dis- 
charge, or  influenced  the  action  of  any  creditor  at  any  stage 
of  the  proceedings,  by  any  pecuniary  consideration  or 


460  BAITKEUPTCY  ACT,  AS  AMENDED  1875. 


obligation;  or  if  he  has,  in  contemplation  of  becoming 
bankrupt,  made  any  pledge,  payment,  transfer,  assignment, 
or  conveyance  of  any  part  of  his  property,  directly  or  in- 
directly, absolutely  or  conditionally,  for  the  purpose  of  pre- 
ferring any  creditor  or  person  having  a  claim  against  him, 
or  who  is  or  may  be  under  liability  for  him,  or  for  the  pur- 
pose of  preventing  the  property  from  coming  into  the 
hands  of  the  assignee,  or  of  bemg  distributed  under  this 
act  in  Satisfaction  of  his  debts ;  or  if  he  has  been  convicted 
of  any  misdemeanor  under  this  act,  or  has  been  guilty  of 
any  fraud  whatever  contrary  to  the  true  intent  of  this  act ; 
and  before  any  discharge  is  granted,  the  bankrupt  shall 
take  and  subscribe  an  oath  to  the  effect  that  he  has  not 
done,  suffered,  or  been  privy  to  any  act,  matter,  or  thing 
specified  in  this  act  as  a,  ground  for  withholding  such  dis- 
charge, or  as  invalidating  such  discharge  if  granted. 

Sec.  30.  And  be  it  further  enacted,  That  no  person  who 
shall  have  been  discharged  under  this  act,  and  shall  after- 
wards become  bankrupt, '  on  his  own  application  shall  be 
again  entitled  to  a  discharge,  whose  estate  is  insufficient  to 
pay  seventy  per  centum  of  the  debts  proved  against  it, 
unless  the  assent  in  writing  of  three-fourths  in  value  of  his 
creditors  vfho  have  proved  their  claims  is  filed  at  or  before 
the  time  of  appHcation  for  discharge.  But  a  bankrupt 
who  shall  prove  to  the  satisfaction  of  the  court  that  he  has 
paid  all  the  debts  owing  by  him  at  the  time  of  any  pre- 
vious bankruptcy,  or  who  has  been  voluntarily  released 
therefrom  by  his  creditors,  shall  be  entitled  to  a  discharge 
in  the  same  manner  and  Avith  the  same  efiect  as  if  he  had 
not  previously  been  bankrupt. 

Sec.  31.  And  be  it  further  enacted,  That  any  creditor 
opposing  the  discharge  of  any  bankrupt  may  file  a  specifica- 
tion in  writing  of  the  grounds  of  his  opposition,  and  the 
court  may  in  its  discretion  order  any  question  of  fact  so 
presented  to  be  tried  at  a  stated  session  of  the  district 
court. 

Sec.  32.  And  be  itfuiih&r  enacted.  That  if  it  shall  appear 
to  the  court  that  the  bankrupt  has  in  all  things  conformed 
to  his  duty  under  this  act,  and  that  he  is  entitled,  undei 
the  provisions  thereof,  to  receive  a  discharge,  the  court 


BA2?KEUPTCY  ACT,  AS  A^^IEXDED  1875.  461 


shaU  grant  him  a  discharge  from  ail  his  debts  except  as 
heremafter  provided,  and  shaU  give  him  a  certificate 
thereof  under  the  seal  of  the  couit,  in  substance  as  fol- 
lows: 

District  Court  of  the  United  States,  District  of  . 

\\Tiereas,  ,  has  been  duly  adjudged  a  bankrupt 

under  the  act  of  Congress  estabHshing  a  uniform  svstem  of 
bankruptcy  throughout  the  United  States,  and  appear^  to 
have  conformed  to  all  requirements  of  law  in  that  behalf 

It  IS  therefore  ordered  by  the  court  that  said   be 

forever  discharged  from  all  debts  and  clauns  which  bv  said 
act  are  made  provable  against  his  estate,  and  which  existed 

 r   >  on  which  day  the  petition 

tor  adjudication  was  filed  by  (or  against)  him;  exceptino- 
such  debts,  if  any,  as  are  by  said  act  excepted  from  the 
operation  of  a  discharge  in  bankiuptcv.  Given  under  my 
hand  and  the  seal  of  the  court  at  —  ,  in  the  said  dis- 
trict, this  day  of  ,  A.  D  . 

[Seal.]  .  .   Judo-e 

Sec.  33.  Aiid  be  it  finiher  enacted,  That  no  debt  created 
by  the  fraud  or  embezzlement  of  the  bankrupt,  or  bv  his 
defalcation  as  a  public  officer,  or  while  acting  in  any  ^fidu- 
ciary character,  shall  be  discharged  under  thS  act;  but  the 
debt  may  be  proved,  and  the  dTvidend  thereon  shall  be  a 
payment  on  account  of  said  debt ;  and  no  discharge  granted 
under  this  act  shall  release,  discharge,  or  affect  anv^'person 
liable  for^the  same  debt  for  or  with  the  banki'upt,  either  as 
partner,  joint  contractor,  indorser,  surety,  or  otherwise. 

That  in^  cases  of  compulsory  or  involuntary  bankruptcy, 
the  provisions  of  said  act,  and  any  amendment  thereof,  or 
of  any  supplement  thereto,  requii'ing  the  payment  of  any 
proportion  of  the  debts  of  the  bankrupt,  or 'the  assent  of 
any  portion  of  his  creditors,  as  a  condition  of  his  discharge 
from  his  debts,  shall  not  apply ;  but  he  may,  if  otherwise 
entitled  thereto,  be  dischai-ged  by  the  couit  in  the  same 
manner  and  with  the  same  effect  as  if  he  had  paid  such  per 
centum  of  his  debts,  or  as  if  the  required  proportion  of  his 
creditors  had  assented  thereto.  And  in  cases  of  voluntary 
bankruptcy,  no  discharge  shall  be  granted  to  a  debtor  whose 
assets  shall  not  be  equal  to  thii'ty  per  centum  of  the  claims 


462 


BANEHTJPTCY  ACT,  AS  AMEITOED  1875. 


proved  against  Ms  estate,  upon  wkicli  he  shall  be  liable  as 
principal  debtor,  without  the  assent  of  at  least  one-fourth 
of  his  creditors  in  number,  and  one-third  in  value. 

Sec.  34.  And  he  it  furtJier  enacted,  That  a  discharge  duly- 
granted  under  this  act  shall,  with  the  exceptions  aforesaid, 
release  the  bankrupt  from  all  debts,  claims,  liabilities,  and 
demands  which  were  or  might  have  been  proved  against 
his  estate  in  bankruptcy,  and  may  be  pleaded,  by  a  simple 
averment  that  on  the  day  of  its  date  such  discharge  was 
granted  to  him,  setting  the  same  forth  in  hsec  verba,  as  a 
full  and  complete  bar  to  all  suits  brought  on  any  such 
debts,  claims,  liabilities,  or  demands,  and  the  certificate 
shall  be  conclusive  evidence  in  favor  of  such  bankrupt  of 
the  fact  and  the  regularity  of  such  discharge :  Ahvays  pro- 
vided, That  any  creditor  or  creditors  of  said  bankrupt, 
whose  debt  was  proved  or  provable  against  the  estate  in 
bankruptcy,  who  shall  see  fit  to  contest  the  validity  of  said 
discharge  on  the  ground  that  it  was  fraudulently  obtained, 
may,  at  any  time  within  two  years  after  ,  the  date  thereof, 
apply  to  the  court  which  granted  it  to  be  set  aside  and 
annul  the  same.  Said  application  shall  be  in  writing,  shall 
specify_  which,  in  particular,  of  the  several  acts  mentioned 
in  section  twenty-nine  it  is  intended  to  give  evidence  of 
against  the  bankrupt,  setting  forth  the  grounds  of  avoid- 
ance, and  no  evidence  shall  be  admitted  as  to  any  other  of 
the  said  acts;  but  said  application  shall  be  subject  to  amend- 
ment at  the  discretion  of  the  court.  The  court  shall  cause 
reasonable  notice  of  said  apph  cation  to  be  given  to  said 
bankrupt,  and  order  him  to  appear  and  answer  the  same, 
within  such  time  as  to  the  court  shall  seem  fit  and  proper. 
If,  upon  the  hearing  of  said  parties,  the  court  shall  find  that 
the  fraudulent  acts,  or  any  of  them,  set  forth  as  aforesaid 
by  said  creditor  or  creditors  against  the  ^bankrupt  are 
proved,  and  that  said  creditor  or  creditors  had  no  knowl- 
edge of  the  same  until  after  the  granting  of  said  discharge, , 
judgment  shall  be  given  in  favor  of  said  creditor  or 
creditors,  and  the  discharge  of  said  bankrupt  shall  be  set  ■ 
aside  and  annuled.  But  if  said  court  shall  find  that  said  . 
fraudulent  acts,  and  all  of  them,  set  forth  as  aforesaid,  are 
not  proved,  or  that  they  were  known  to  said  creditoi  or 


BANKRUPTCY  ACT,  AS  AMENDED  1875. 


463 


creditors  before  the  granting  of  said  discharge,  then  judg- 
ment shaU  be  rendered  in  favor  of  the  bankrupt,  and  the 
vahdity  of  his  discharge  shall  not  be  affected  by  said  pro- 
ceedings. 

PEEFEEENCES  AND  FEAUDULENT  CONVEYANCES  DE- 
CLAEED  VOID. 

Sec.  35.  And  he  it  furtlwr  ermcted,  That  if  any  person, 
being  insolvent,  or  m  contemplation  of  insolvency,  within 
two  months  before  the  filmg  of  the  petition  by  or  against 
him,  with  a  vioAV  to  give  a  preference  to  any  creditor  or 
person  havmg  a  claim  against  him,  or  who  is  under  any 
liabihty  for  him,  procures  any  part  of  his  property  to  be 
attached,  sequestered,  or  seized  on  execution,  or  makes  any 
payment,  pledge,  assignment,  transfer,  or  conveyance  of 
any  part  of  his  property  either  directly  or  indirectly,  abso- 
lutely or  conditionally,  the  person  receiving  such  payment, 
pledge,  assignment,  transfer,  or  conveyance,  or  to  be  bene- 
hted  thereby,  or  by  such  attachment,  having  reasonable 
cause  to  beheve  such  person  is  msolvent,  and  knowing  that 
such  attachment,  sequestration,  seizure,  payment,  pledge 
assignment,  or  conveyance  is  made  in  fraud  of  the  pro- 
visions of  this  act,  the  same  shall  be  void,  and  the  assio-nee 
may  recover  the  property,  or  the  value  of  it,  from  the  per- 
-  son  so  receiving  it,  or  so  to  be  benefited ;  and  if  any  person 
bemg  insolvent,  or  in  contemplation  of  insolvency  or  bank- 
ruptcy, withm  three  months  before  the  filing  of  the  petition 
by  or  agamst  him,  makes  any  payment,  sale,  assignment, 
transfer,  conveyance,  or  other  disposition  of  any  part  of 
his  property  to  any  person  who  then  has  reasonable  cause 
to  believe  him  to  be  insolvent,  or  to  be  acting  in  contem- 
plation of  insolvency,  and  knowing  that  such  payment,  sale, 
assignment,  transfer,  or  other  conveyance,  is  made  with  a 
view  to  prevent  his  property  from  coming  to  his  assignee 
m  bankruptcy,  or  to  prevent  the  same  from  being  dis- 
tributed under  tnis  act,  or  to  defeat  the  object  of,  or  in  any 
way  impair,  hinder,  impede,  or  delay  the  operation  and 
eftect  of,  or  to  evade  any  of  the  provisions  of  this  act,  the 
sale,  assignment,  transfer,  or  conveyance  shall  be  void  and 
the  assignee  may  recover  the  property,  or  the  value  thereof 


464  BANKRUPTCY  ACT,  AS  AMENDED  1875. 


as  assets  of  the  bankrupt.  And  if  such  sale,  assignment, 
transfer,  or  conveyance  is  not  made  in  the  usual  and 
ordinary  course  of  business  of  the  debtor,  the  fact  shall  be 
prima  facie  evidence  of  fraud.  Any  contract,  covenant,  or 
security  made  or  given  by  a  bankrupt  or  other  person  with, 
or  in  trust  for,  any  creditor  for  securing  the  payment  of  any 
money  as  a  consideration  for  or  with  intent  to  induce  the 
creditor  to  forbear  opposing  the  application  for  discharge 
of  the  bankrupt,  shall  be  void ;  and  if  any  creditor  shall 
obtain  any  sum  of  money  or  other  goods,  chattels,  or 
security  from  any  person  as  an  inducement  for  forbearing 
to  oppose,  or  consenting  to  such  application  for  discharge, 
every  creditor  so  offending  shall  forfeit  all  right  to  any 
share  or  dividend  in  the  estate  of  the  bankrupt,  aud  shall 
also  forfeit  double  the  value  or  amount  of  such  money, 
goods,  chattels,  or  security  so  obtained,  to  be  recovered  by 
the  assignee  for  the  benefit  of  the  estate.  Nothing  in  this 
section  shall  be  construed  to  invalidate  any  loan  of  actual 
value,  or  the  security  therefor  made  in  good  faith,  upon  a 
security  taken  in  good  faith  on  the  occasion  of  the  making 
of  such  loan. 

BANKRUPTCY  OF  PARTNEESHIPS  AND  OF  COEPOEA- 
TIONS. 

Sec.  36.  And  be  it  further  enacted,  That  where  two  or 
more  persons  who  are  partners  in  trade  shall  be  adjudged 
bankrupt,  either  on  the  petition  of  such  partners  or  any 
one  of  them,  or  on  the  petition  of  any  creditor  of  the  part- 
ners, a  warrant  shall  issue  in  the  manner  provided  by  this 
act,  upon  which  all  the  joint  stock  and  property  of  the  co- 
partnership, and  also  all  the  separate  estate  of  each  of  the 
partners,  shall  be  taken,  excepting  such  parts  thereof  as  are 
hereinbefore  excepted;  and  all  the  creditors  of  the  com- 
pany, and  the  separate  creditors  of  each  partner,  shall  be 
allowed  to  prove  their  respective  debts ;  and  the  assignee 
shall  be  chosen  by  the  creditors  of  the  company,  and  shall 
also  keep  separate  accounts  of  the  joint  stock  or  property 
of  the  copartnership  and  of  the  separate  estate  of  each 
member  thereof;  and  after  deducting  out  of  the  whole 


BANKRUPTCY  ACT,  AS  AMENDED  1875. 


465 


amount  received  by  sucli  assignee  the  wliole  of  the  expenses 
and  disbursements,  the  net  proceeds  of  the  joint  stock  shall 
be  appropriated  to  pay  the  creditors  of  the  copartnership, 
and  the  net  proceeds  of  the  separate  estate  of  each  partner 
shall  be  appropriated  to  pay  his  separate  creditors ;  and  if 
there  shall  be  any  balance  of  the  separate  estate  of  any 
partner,  after  the  payment  of  his  separate  debts,  such 
balance  shall  be  added  to  the  joint  stock  for  the  payment 
of  the  joint  creditors ;  and  if  there  shall  be  any  balance  of 
the  joint  stock  after  payment  of  the  joint  debts,  such 
balance  shall  be  divided  and  appropriated  to  and  among 
the_  separate  estates  of  the  several  partners,  according  to 
their  respective  right  and.  interest  therein,  and  as  it  would 
have  been  if  the  partnership  had  been  dissolved  without 
any  bankruptcy;  and  the  sum  so  appropriated  to  the 
separate  estate  of  each  partner  shall  be  applied  to  the  pay- 
ment of  his  separate  debts ;  and  the  certificate  of  discharge 
shall  be  granted  or  refused  to  each  partner  as  the  same 
would  or  ought  to  be  if  the  proceedings  had  been  against 
him  alone  under  this  act ;  and  in  all  other  respects  the  pro- 
ceedings against  partners  shall  be  conducted  in  the  like 
manner  as  if  they  had  been  commenced  and  prosecuted 
against  one  person  alone.  '  If  such  copartners  reside  in  dif- 
ferent districts,  that  court  in  which  the  petition  is  first  filed 
shall  retain  exclusive  jurisdiction  over  the  case. 

Sec.  37.  And  be  it  further  enacted,  That  the  provisions  of 
this  act  shall  apply  to  all  moneyed,  business,  or  commercial 
corporations  and  joint-stock  companies,  and  that  upon  the 
petition  of  any  officer  of  any  such  corporation  or  company, 
duly  authorized  by  a  vote  of  a  majority  of  the  corporators 
present  at  any  legal  meeting  called  for  the  purpose,  or 
upon  the  petition  of  any  creditor  or  creditors  of  such  cor- 
poration or  company,  made  and  presented  in  the  manner 
hereinafter  provided  in  respect  to  debtors,  the  like  proceed- 
ings shall  be  had  and  taken  as  are  hereinafter  provided  in 
the  case  of  debtors ;  and  all  the  provisions  of  this  act  which 
apply  to  the  debtor,  or  set  forth  his  duties  in  regard  to 
furnishing  schedules  and  inventories,  executing  papers, 
submitting  to  examinations,  disclosing,  making  over,  secret- 
ing, concealing,  conveying,  assigning,  or  paying  away  his 


466  BANKRUPTCY  ACT,  AS   AMENDED  1875. 

money  or  property,  shall  in  like  manner,  and  with  like 
force,  effect,  and  penalties,  apply  to  each  and  CA^ery  officer 
of  such  corporation  or  company  in  relation  to  the  same 
matters  concerning  the  corporation  or  company,  and  the 
money  and  property  thereof.  All  payments,  conveyances, 
and  assignments  declared  fraudulent  and  void  by  this  act 
when  made  by  a  debtor,  shall  in  like  manner,  and  to  the 
like  extent,  and  with  like  remedies,  be  fraudulent  and  void 
when  made  by  a  corporation  or  company.  No  allowance 
or  discharge  shall  be  granted  to  any  corporation  or  joint- 
stock  company,  or  to  any  person  or  officer  or  member 
thereof:  Provided,  That  whenever  any  corporation  by  pro- 
ceedings under  this  act  shall  be  declared  bankrupt,  all  its 
property  and  assets  shall  be  distributed  to  the  creditors  of 
such  corporation  in  the  manner  provided  in  this  act  in 
•  respect  to  natural  persons. 

OF  DATES  AND  DEPOSITIONS. 

Sec.  38.  And  he  it  further  enacted,  That  the  filing  of  a 
petition  for  adjudication  m  bankruptcy,  either  by  a  debtor 
in  his  own  behalf,  or  by  any  creditor  against  a  debtor,  upon 
which  an  order  may  be  issued  by  the  court,  or  by  a  register 
in  the  manner  provided  in  section  four,  shall  be  deemed 
and  taken  to  be  the  commencement  of  proceedings  in  bank- 
ruptcy under  this  act;  the  proceedings  in  all  cases  in 
bankruptcy  shall  be  deemed  matters  of  record,  but  the 
same  shall  not  be  required  to  be  recorded  at  large,  but 
shall  be  carefully  filed,  kept,  and  numbered  in  the  office  of 
the  clerk  of  the  court,  and  a  docket  only,  or  short  mem- 
orandum thereof,  kept  in  books  to  be  provided  for  that  pur- 
pose, which  shall  be  open  to  public  inspection.  Copies  of 
such  records,  duly  certified  under  the  seal  of  the  court, 
shall  in  all  cases  be  prima  facie  evidence  of  the  facts  therein 
stated.  Evidence  or  examinations  in  any  of  the  proceed- 
ings under  this  act  may  be  taken  before  the  court,  or  a 
register  in  bankruptcy,  viva  voce,  or  in  writing,  before  a 
commissioner  of  the  circuit  court,  or  by  affidavit,  or  on 
commission,  and  the  court  may  direct  a  reference  to  a 
register  in  bankruptcy,  or  other  suitable  person,  to  take 


BANKRUPTCY  ACT,  AS  AMENDED  1875.  467 


and  certify  such  examination,  and  may  compel  the  attend* 
ance  of  witnesses,  the  production  of  books  and  papers,  and 
the  giving  of  testimony,  in  the  same  manner  as  in  suits  in 
equity  in  the  circuit  court. 

INVOLUNTAEY  BANKEUPTCY. 

Sec.  39.  And  he  it  further  enacted,  That  any  person 
residing,  and  owing  debts,  as  aforesaid^  who,  after  the  pas- 
sage of  this  act,  shall  depart  from  the  State,  District,  or 
Territory  of  which  he  is  an  inhabitant,  with  intent  to 
defraud  his  creditors;  or,  being  absent,  shall,  with  such 
intent,  remain  absent ;  or  shall  conceal  himself  to  avoid  the 
service  of  legal  process  in  any  action  for  the  recovery  of  a 
debt  or  demand  provable  under  this  act ;  or  shall  conceal 
or  remove  any  of  his  property  to  avoid  its  being  attached, 
taken,  or  sequestered  on  legal  process ;  or  shall  make  any 
assignment,  gift,  sale,  conveyance,  or  transfer  of  his  estate, 
properity,  rights,  or  credits,  either  within  the  United 
States  or  elsewhere,  with  intent  to  delay,  defraud,  or 
hinder  his  creditors  ;  or  who  has  been  arrested  and  held  in 
custody  under  or  by  virtue  of  mesne  process  or  execution, 
issued  out  of  any  court  of  the  United  States  or  of  any 
State,  District,  or  Territory  within  which  such  debtor 
resides  or  has  property,  founded  upon  a  demand  in  its 
nature  provable  against  a  bankrupt's  estate  under  this  act, 
and  for  a  sum  exceeding  one  hundred  dollars,  and  such 
process  is  remaining  in  force  and  not  discharged  by  pay- 
ment, or  in  any  other  manner  provided  by  the  law  of  the 
United  States  or  of  such  State,  District,  or  Territory, 
applicable  thereto,  for  a  period  of  twenty  days,  or  has  been 
actually  imprisoned  for  more  than  twenty  days  in  a  civil 
action  founded  on  contract  for  the  sum  of  one  hundred 
dollars  or  upward ;  or  who,  being  bankrupt  or  insolvent,  or 
in  contemplation  of  bankruptcy  or  insolvency,  shall  make 
any  payment,  gift,  grant,  sale,  conveyance,  or  transfer  of 
money  or  other  property,  estate,  rights,  or  credits,  or 
confess  judgment,  or  give  any  warrant  to  confess  judg- 
ment, or  procure  his  property  to  be  taken  on  legal  pro- 
cess, with  intent  to  give  a  preference  to  one  or  more  of 


488 


BANEEUPTCY  ACT,  AS  AMENDED  1875. 


his  creditors,  or  to  any  person  or  persons  who  are  or  may- 
be liable  for  him  as  indorsers,  bail,  sureties,  or  otherwise, 
or  with  the  intent,  by  such  disposition  of  his  property,  to 
defeat  or  delay  the  operation  of  this  act ;  or  who,  being  a 
bank,  banker,  broker,  merchant,  trader,  manufacturer,  or 
miner,  has  fraudulently  stopped  payment,  or  who  being  a 
bank,  banker,  broker,  merchant,  trader,  manufacturer,  or 
miner,  has  stopped  or  suspended  and  not  resumed  payment, 
within  a  period  of  forty  days,  of  his  commercial  paper 
(made  or  passed  in  the  course  of  his  business  as  such),  or 
who,  being  a  bank  or  banker,  shall  fail  for  forty  days  to 
pay  any  depositor  upon  demand  of  payment  lawfully  made, 
shall  be  deemed  to  have  committed  an  act  of  bankruptcy, 
and,  subject  to  the  conditions  hereinafter  prescribed,  shall 
be  adjudged  a  bankrupt  on  the  petition  of  one  or  more  of 
his  creditors,  who  shall  constitute  one-fourth  thereof,  at 
least,  in  number,  and  the  aggregate  of  whose  debts  prova- 
ble under  this  act  amounts  to  at  least  one-third  of  the  debts 
so  provable:  Provided:  That  such  petition  is  brought  within 
six  months  after  such  act  of  bankruptcy  shall  have  been 
committed.    And  the  provisions  of  this  section  shall  apply 
to  all  cases  of  compulsory  or  involuntary  bankruptcy  com- 
menced since  the  first  day  of  December,  eighteen  hundred 
and  seventy-three,  as  well  as  to  those  commenced  hereafter. 
And  in  all  cases  commenced  since  the  first  day  of  Decem- 
ber, eighteen  hundred  and  seventy-three,  and  prior  to  the 
passage  of  this  act,  as  well  as  those  Commenced  hereafter, 
the  court  shall,  if  such  allegation  as  to  the  number  or 
amount  of  petitioning  creditors  be  denied  by  the  debtor, 
by  a  statement  in  writing  to  that  efiect,  require  him  to  file 
in  court  forthwith  a  full  list  of  his  creditors,  Avith  their 
places  of  residence  and  the  sums  due  them  respectively, 
and  shall  ascertain,  upon  reasonable  notice  to  the  creditors, 
whether  one-fourth  in  number  and  one-third  in  amount 
thereof,  as  aforesaid,  have  petitioned  that  the  debtor  be 
adjudged  a  bankrupt.    But  if  such  debtor  shall,  on  the 
filing  of  the  petition,  admit  in  writing  that  the  requisite 
number  and  amount  of  creditors  have  petitioned,  the  court 
(if  satisfied  that  the  admission  was  made  in  good  faith,) 
shall  so  adjudge,  which  judgment  shall  be  final,  and  the 


BANKEUPTCY  act,  as  A]MEm)ED  1875. 


469 


matter  proceed  without  further  steps  ou  that  subject.  And 
It  It  shall  appear  that  such  number  and  amount  have  not 
so  petitioned,  the  court  shall  grant  reasonable  time,  not 
exceedmg,  m  cases  heretofore  commenced,  twenty  days 
and,  m  ca^es  hereafter  commenced,  ten  days,  within  which 
other  creditors  may  join  in  such  petition.    And  if,  at  the 
expu-ation  of  such  time  so  limited,  the  number  and  amount 
8haU  comply  with  the  requkements  of  this  section,  the 
matter  of  bankmptcy  may  proceed ;  but  if,  at  the  expira- 
tion ot  such  hmited  time,  such  number  and  amount  shaU 
not  answer  the  requirements  of  this  section,  the  proceed- 
mgs  shall  be  dismissed,  and,  in  cases  hereafter  commenced 
with  costs.    And  if  such  person  shall  be  adjudged  a  bank- 
rupt, the  assignee  may  recover  back  the  money  or  property 
so  paid  conveyed,  sold,  assigned,  or  transferred  contrary  to 
this  act:  Provided,  That  the  person  receivmg  such  payment 
or  conveyance  had  reasonable  cause  to  believe  that  the 
debtor  was  msolvent,  and  knew  that  a  fraud  on  this  act 
was  mt^nded;  and  such  person,  if  a  creditor,  shall  not  in 
cases  of  actual  fraud  on  his  part,  be  aUowed  to  prove  for 
more  than  a  moiety  of  his  debt;  and  this  limitation  on  the 
proof  of  debts  shall  apply  to  cases  of  voluntary  as  well  as 
mvoluntary  bankruptcy.    And  the  petition  of  creditors 
under  this  section  may  be  sufficiently  verified  by  the  oaths 
ot  the  hrst  five  signers  thereof,  if  so  many  there  be.  And 
11  any  ot  said  first  five  signers  shaHnot  reside  in  the  district 
in  which  such  petition  is  to  be  filed,  the  same  may  be 
signed  and  verified  by  the  oath  or  oaths  of  the  attorney  or 
attorneys,  agent  or  agents,  of  such  signers.    And  in  com- 
puting the  number  of  creditors,  as  aforesaid,  who  shaU  join 
m  such  petition,  creditors  whose  respective  debts  do  not 
exceed  two  hundred  and  fifty  dollars  shaU  not  be  reckoned, 
i^ut  it  there  be  no  creditors  whose  debts  exceed  said  sum 
of  two  hundred  and  fifty  dollars,  or  if  the  requisite  number 
ot  creditors  holding  debts  exceeding  two  hundred  and  fifty 
dollars  fail  to  sign  the  petition,  the  creditors  having  debts 
a  less  amount  shaU  be  reckoned  for  the  pui-poses  afore- 

Sec.  40.  Aiid  be  it  fuHher  enacted,  That  upon  the  filinc^ 
ot  the  petition  authorized  by  the  next  preceding  section"^ 


470  BANKRUPTCY  AGT,  AS   AMENDED  1875. 


if  it  shall  appear  that  sufficient  grounds  exist  therefor,  the 
court  shall  direct  the  entry  of  an  order  requiring  the 
debtor  to  appear  and  show  cause,  at  a  court  of  bankruptcy 
to  be  holden  at  a  time  to  be  specified  in  the  order,  not  less 
than  five  days  from  the  service  thereof,  why  the  prayer  of 
the  petition  should  not  be  granted ;  and  may  also,  by  its  in- 
junction, restrain  the  debtor,  and  any  other  person,  in  the 
mean  time,  from  making  any  transfer  or  disposition  of  any 
part  of  the  debtor's  property  not  excepted  by  this  act  from 
the  operation  thereof  and  from  any  interference  therewith; 
and  if  it  shall  appear  that  there  is  probable  cause  for  be- 
lieving that  the  debtor  is  about  to  leave  the  district,  or  to 
remove  or  conceal  his  goods  or  chattels  or  his  evidence  of 
property,  or  make  any  fraudulent  conveyance  or  disposi- 
tion thereof,  the  court  may  issue  a  warrant  to  the  marshal 
of  the  district,  commanding  him  to  arrest  the  alleged 
bankrupt  and  him  safely  keep,  unless  he  shall  give  bail  to 
the  satisfaction  of  the  court  for  his  appearance  from  time  to 
time,  as  required  by  the  court,  until  the  decision  of  the 
court  upon  the  petition  or  the  further  order  of  the  court, 
and  forthwith  to  take  possession  provisionally  of  all  the 
property  and  effects  of  the  debtor,  and  safely  keep  the 
same  until  the  further  order  of  the  court.  A  copy  of  the 
petition  and  of  such  order  to  show  cause  shall  be  served  on 
such  debtor  by  delivering  the  same  to  him  personally,  or 
leaving  the  same  at  his  last  or  usual  place  of  abode;  or,  if 
such  debtor  cannot  be  found,  or  his  place  of  residence  as- 
certained, service  shall  be  made  by  publication,  in  such 
manner  as  the  judge  may  direct.  No  further  proceedings, 
unless  the  debtor  appear  and  consent  thereto,  shall  be  had 
until  proof  shall  have  been  given,  to  the  satisfaction  of  the 
court,  of  such  service  or  pubhcation ;  and  if  such  proof  be 
not  given  on  the  return  day  of  such  order,  the  proceedings 
shall  be  adjourned  and  an  order  made  that  the  notice  be 
forthwith  so  served  or  published.  And  if,  on  the  return- 
day  of  the  order  to  show  cause  as  aforesaid,  the  court  shall 
be  satisfied  that  the  requirement  of  section  thirty-nine  of 
said  act  as  to  the  number  and  amount  of  petitioning  cred- 
itors has  been  complied  with,  or  if,  within  the  time  pro- 
vided for  in  section  thirty-nine  of  this  act,  creditors  sufii- 


BANKRUPTCY  ACT,  AS  AMENDED  1875. 


471 


cient  m  number  and  amount  shall  siVn  such  petition  so  as 
to  make  a  total  of  one-fourth  in  number  of  the  creditors 
and  one-third  m  the  amount  of  the  provable  debts  against 
the  banki-upt  as  provided  m  said  section,  the  court  shall 
so  adjudge,  wmch  judgment  shall  be  final;  otherwise  it 
sliall  dismiss  the  proceedings,  and,  in  cases  hereafter  com- 
menced, with  costs. 

Sec.  41.  And  be  it  fwiher  eimded,  That  on  such  return 
day  or  adjourned  day,  if  the  notice  has  been  dulv  served 
or  published  or  shall  be  waived  by  the  appearance  and 
consent  of  the  debtor,  the  court  shall  proceed  summarily 
to  hear  the  allegations  of  the  petitioner  and  debtor,  and 
may  adjoui'n  the  proceedings  from  time  to  time,  on  ^ood 
cause  shown,  and  shaU,  if  the  debtor  on  the  same  day  so  de- 
mand m  writing,  order  a  trial  by  jury  at  the  first  t"erm  of 
the  court  at  wnich  a  jury  shall  be  in  attendance,  to  ascer- 
tain the  facts  of  such  alleged  bankruptcy.    Or,  at  the 
election  of  the  debtor,  the  coui't  may,  in  its  discretion 
award  a  venire  facias  to  the  marshal  of  the  district  re^ 
turnable  wrdim  ten  days  before  him  for  the  trial  of  the 
tacts  set  forth  m  the  petition,  at  which  time  the  trial  shaU 
be  haa,  unless  adjourned  for  cause.    And  unless,  upon 
such  hearmg  or  trial,  it  shaH  appear  to  the  satisfaction  of 
said  court,  or  of  the  jury,  as  the  case  may  be,  that  the  facts 
lT.  T\^l  ^^^^  petition  are  true,  or  if  it  shaH  appear 
that  the  debtor  has  paid  and  satisfied  all  liens  upon  his 
property,  m  case  the  existence  of  such  lems  was  the  sole 
ground  of  the  proceeding,  the  proceeding  shall  be  dis- 
missed and  the  respondent  shaU  recover  costs;  and  all 
proceedings  m  bankruptcy  may  be  discontinued  on  rea- 
souabie  notice  and  hearing,  with  the  approval  of  the  court 
and  upon  the  assent,  in  writmg,  of  such  debtor,  and  not 
less  tnan  one  hali  of  his  creditors  m  number  and  amount- 
or,  m  case  all  the  creditors  and  such  debtor  assent  thereto' 
such  discontinuance  shall  be  ordered  and  entered;  and  all 
parties  shall  be  remitted,  in  either  case,  to  the  same  ridits 
and  duties  existing  at  the  date  of  the  filing  of  the  petition 
tor  bankruptcy,  except  so  far  as  such  estate  shaU  have  been 
already  admmistered  and  disposed  of.    And  the  court  shall 


472  BANKRUPTCY  ACT,  AS  AMENDED  1875. 

have  power  to  make  all  needful  orders  and  decrees  to  carry 
the  foregoing  provision  into  effect. 

Sec.  42.  Ajid  be  it  further  enacted^  That  if  the  facts  set 
forth  in  the  petition  are  found  to  be  true,  or  if  default  be 
made  by  the  debtor  to  appear  pursuant  to  the  order,  upon 
due  proof  of  service  thereof  being  made,  the  court  shall  ad- 
judge the  debtor  to  be  a  bankrupt,  and,  as  such,  subject  to 
the  provisions  of  this  act,  and  shall  forthwith  issue  a  war- 
rant to  take  possession  of  the  estate  of  the  debtor.  The 
warrant  shall  be  directed,  and  the  property  of  the  debtor 
shall  be  taken  thereon,  and  shall  be  assigned  and  distri- 
buted in  the  same  manner  and  with  similar  proceedings  to 
those  hereinbefore  provided  for  the  taking  possession,  as- 
signment, and  distribution  of  the  property  of  the  debtor 
upon  his  own  petition.  The  order  of  adjudication  of  bank- 
ruptcy shall  require  the  bankrupt  forthwith,  or  within  such 
number  of  days,  not  exceeding  five  after  the  date  of  the 
order  or  notice  thereof,  as  shall  by  the  order  be  prescribed, 
to  make  and  deliver,  and  transmit  by  mail,  post  paid,  to 
the  messenger,  a  schedule  of  the  creditors  and  an  inventory 
and  valuation  of  his  estate  in  the  form  and  verified  in  the 
manner  required  of  a  petitioning  debtor  by  section  thirteen. 
If  the  debtor  has  failed  to  appear  in  person,  or  by  attor- 
ney, a  certified  copy  of  the  adjudication  shall  be  forthwith 
served  on  him  by  delivery  or  publication  in  the  manner 
hereinbefore  provided  for  the  service  of  the  order  to  show 
cause ;  and  if  the  bankrupt  is  absent  or  cannot  be  found, 
such  schedule  and  inventory  shall  be  prepared  by  the 
messenger  and  the  assignee  from  the  best  information  they 
can  obtain.  If  the  petitioning  creditor  shall  not  appear 
and  proceed  on  the  return  day,  or  adjourned  day,  the  court 
may,  upon  the  petition  of  any  other  creditor,  to  the  re- 
quired amount,  proceed  to  adjudicate  on  such  petition,  with- 
out requiring  a  new  service  or  publication  of  notice  to  the 
debtor. 

OF  SUPEESEDING  THE  BANKEUPT  PEOCEEDINGS 
BY  AEEANGEMENT. 

Sec.  43.  And  be  it  furtJier  enaeted,  That  if  at  the  first 
meeting  of  creditors,  or  at  any  meeting  of  creditor  to  be 


BANKRUPTCY  ACT,  AS  A^VIEXDED    1875.  473 

specially  called  for  that  purpose,  and  of  which  previous 
notice  shall  have  been  given  for  such  length  of  time  and 
in  such  manner  as  the  court  may  direct,  three-fourths  in 
value  of  the  creditors  whose  claims  have  been  proved  shall 
determine  and  resolve  that  it  is  for  the  interest  of  the  gen- 
eral body  of  the  creditors  that  the  estate  of  the  bankrupt 
should  be  wound  up  and  settled,  and  distribution  made 
among  the  creditors  by  trustees,  under  the  inspection  and 
direction  of  a  committee  of  the  creditors,  it  shall  be  lawful 
for  the  creditors  to  certify  and  report  such  resolution  to  the 
court,  and  to  nominate  one  or  more  trustees  to  take  and 
hold  and  distribute  the  estate,  under  the  direction  of  such 
committee.  If  it  shall  appear  to  the  court,  after  hearing 
the  bankrupt  and  such  creditors  as  may  desu^e  to  be  heard, 
that  the  resolution  was  duly  passed  and  that  the  interests 
of  the  creditors  will  be  promoted  thereby,  it  shall  confirm 
the  same ;  and  upon  the  execution  and  filing  by  or  on  be- 
half of  three-fourths  in  value  of  all  the  creditors  whose 
claims  have  been  proved  of  a  consent  that  the  estate  of  the 
bankrupt  be  wound  up  and  settled  by  said  trustees  accord- 
ing to  the  terms  of  such  resolution,  the  bankrupt,  or  his 
assignee  in  bankruptcy,  if  appointed,  as  the  case  may  be, 
shall,  under  the  direction  of  the  court,  and  under  oath, 
convey,  transfer,  and  deliver  all  the  property  and  estate  of 
the  bankrupt  to  the  said  trustee  or  trustees,  who  shall, 
upon  such  conveyance  and  transfer,  have  and  hold  the 
same  in  the  same  manner,  and  with  the  same  powers  and 
rights,  in  all  respects,  as  the  bankrupt  would  have  had  or 
held  the  same  if  no  proceedings  in  bankruptcy  had  been 
taken,  or  as  the  assignee  in  bankruptcy  A^ould  have  done 
had  such  resolution  not  been  passed ;  and  such  consent  and 
the  proceedings  thereunder  shall  be  as  binding  in  all  re- 
spects on  any  creditor  whose  debt  is  proveable,  who  has 
not  signed  the  same,  as  if  he  had  signed  it,  and  on  any 
creditor,  whose  debt,  if  proveable,  is  not  proved,  as  if  he 
had  proved  it  ;  and  the  court,  by  order,  shall  direct  all  acts 
and  things  needful  to  be  done  to  carry  into  effect  such  res- 
olution of  the  creditors,  and  the  said  trustees  shall  proceed 
to  wind  up  and  settle  the  estate  under  the  direction  and  in- 
spection of  such  committee  of  the  creditors,  for  the  equal 
40 


474 


BANKRUPTCY  ACT,  AS  A]VIENDED  1875. 


benefit  of  all  sucli  creditors,  and  the  winding  up  and  set- 
tlement of  any  estate  under  the  provisions  of  this  section 
shaU  be  deemed  to  be  proceedings  in  bankruptcy  under 
this  act ;  and  the  said  trustees  shaU  have  all  the  rights  and 
powers  of  assignees  in  bankruptcy.    The  court,  on  the  ap- 
plication of  such  trustees,  shaU  have  power  to  summon  and 
examine,  on  oath  or  otherwise,  the  bankrupt,  and  any  cred- 
itor, and  any  person  mdebted  to  the  estate,  or  known  or 
suspected  of  havmg  any  of  the  estate  in  his  possession,  or 
any  other  person  whose  examination  may  be  material  or 
necessary  to  aid  the  trustees  in  the  execution  of  their  trust, 
and  to  compel  the  attendance  of  such  persons  and  the  pro- 
duction of  books  and  papers  in  the  same  manner  as  in 
other  proceedings  in  bankruptcy  under  this  act;  and  the 
bankrupt  shall  have  the  like  right  to  apply  for  and  obtain 
a  discharge  after  the  passage  of  such  resolution  and  the 
appointment  of  such  trustees  as  if  such  resolution  had  not 
been  passed,  and  as  if  all  the  proceedings  had  continued  in 
the  manner  provided  in  the  preceding  sections  of  this  act. 
It  the  resolution  shaU  not  be  duly  reported,  or  the  consent 
of  the  creditors  shaU  not  be  duly  filed,  or  if,  upon  its  fil- 
ing the  court  shall  not  thmk  fit  to  approve  thereof,  the 
bankruptcy  shall  proceed  as  though  no  resolution  had  been 
passed,  and  the  court  may  make  all  necessary  orders  for  re- 
suming the  proceedmgs.    And  the  period  of  time  which 
shall  have  elapsed  between  the  date  of  the  resolution  and 
the  date  of  the  order  for  resuming  proceedings  shall  not  be 
reckoned  in  calculating  periods  of  time  prescribed  bv  this 
act. 


COMPOSITION  WITH  CEEDITOES. 


That  in  all  cases  of  bankruptcy  now  pending,  or  to  be 
hereafter  pending,  by  or  against  any  person,  whether 
an  adjudication  in  bankruptcy  shall  have  been  had 
or  not,  the  creditors  of  such  alleged  bankrupt  may,  at  a 
meetmg  called  under  the  direction  of  the  court,  and  upon 
not  less  than  ten  days'  notice  to  each  known  creditor  of 
the  time,  place,  and  purpose  of  such  meeting,  such  notice 
to  be  personal  or  otherwise,  as  the  court  may  dii-ect,  resolve 
that  a  composition  proposed  by  the  debtor  shall  be  accepted 


BANKRUPTCY  ACT,  AS  AMENDED  1875.  475 


in  satisfaction  of  tlie  debts  due  to  them  from  the  debtor. 
And  such  resolution  shall,  to  be  operative,  have  been 
passed  by  a  majority  in  number  and  three-fourths  in  value 
of  the  creditors  of  the  debtor  assembled  at  such  meeting 
either  in  person  or  by  proxy,  and  shall  be  confirmed  by  the 
signatures  thereto  of  the  debtor  and  two-thirds  in  number 
and  one-half  in  value  of  all  the  creditors  of  the  debtor. 
And  in  calculating  a  majority  for  the  purposes  of  a  com- 
position under  this  section,  creditors  whose  debts  amount 
to  sums  not  exceeding  fifty  dollars  shall  be  reckoned  in  the 
majority  in  value,  but  not  in  the  majority  in  number;  and 
the  value  of  the  debts  of  secured  creditors  abo^ve  the 
amount  of  such  security,  to  be  determined  by  the  court, 
shall,  as  nearly  as  circumstances  admit,  be  estimated  in  the 
same  way.  And  creditors  whose  debts  are  fully  secured 
shall  not  be  entitled  to  vote  upon  or  to  sign  such  resolution 
without  first  relinquishing  such  security  for  the  benefit  of 
the  estate. 

The  debtor,  unless  prevented  by  sickness  or  other  cause 
satisfactory  to  such  meeting,  shall  be  present  at  the  same, 
and  shall  answer  any  inquiries  made  of  him;  and  he,  or, 
if  he  is  so  prevented  from  being  at  such  meeting,  some  one 
in  his  behalf,  shall  produce  to  the  meeting  a  statement 
showing  the  whole  of  his  assets  and  debts,  and  the  names 
and  addresses  of  the  creditors  to  whom  such  debts  respec- 
tively are  due. 

Such  resolution,  together  with  the  statement  of  the 
debtor  as  to  his  assets  and  debts,  shall  be  presented  to  the 
court ;  and  the  court  shall,  upon  notice  to  all  the  creditors 
of  the  debtor  of  not  less  than  five  days,  and  upon  hearing, 
inquire  whether  such  resolution  has  been  passed  in  the 
manner  directed  by  this  section ;  and  if  satisfied  that  it  has 
been  so  passed,  it  shall,  subject  to  the  provisions  hereinafter 
contained,  and  upon  being  satisfied  that  the  same  is  for  the 
best  interest  of  all  concerned,  cause  such  resolution  to  be 
recorded  and  statement  of  assets  and  debts  to  be  filed;  and 
untn  such  record  and  filing  shall  have  taken  place,  such 
resolution  shall  be  of  no  vahdity.  And  any  creditor  of  the 
debtor  may  inspect  such  record  and  statement  at  all  reason- 
able times. 


476  BANKEUPTCY  ACT,  AS  AMENDED  1875. 


The  creditors  may,  by  resolution  passed  in  the  manner 
and  under  the  circumstances  aforesaid,  add  to,  or  vary  the 
provisions  of,  any  composition  previously  accepted  by  them, 
without  prejudice  to  any  persons  taking  interests  under  such 
provisions  who  do  not  assent  to  such  addition  or  variation. 
And  any  such  additional  resolution  shall  be  presented  to 
the  court  in  the  same  manner  and  proceeded  with  in  the 
same  way  and  with  the  same  consequences  as  the  resolution 
by  which  the  composition  was  accepted  in  the  first  instance. 
The  provisions  of  a  composition  accepted  by  such  resolution 
in  pursuance  of  this  section  shall  be  binding  on  all  the 
creditors  whose  names  and  addresses  and  the  amounts  of 
the  debts  due  to  whom  are  shown  in  the  statement  of  the 
debtor  produced  at  the  meeting  at  which  the  resolution 
shall  have  been  passed,  but  shall  not  afiect  or  prejudice  the 
rights  of  any  other  creditors. 

Where  a  debt  arises  on  a  bill  of  exchange  or  promissory 
note,  if  the  debtor  shall  be  ignorant  of  the  holder  of  any 
such  bill  of  exchange  or  promissory  note,  he  shall  be  re- 
quired to  state  the  amount  of  such  bill  or  note,  the  date  on 
which  it  falls  due,  the  name  of  the  acceptor  and  of  the 
person  to  whom  it  is  payable,  and  any  other  particulars 
within  his  knowledge  respecting  the  same ;  and  the  inser- 
tions of  such  particulars  shall  be  deemed  a  sufficient  des- 
cription by  the  debtor  in  respect  to  such  debt. 

Any  mistake  made  inadvertently  by  a  debtor  in  the 
statement  of  his  debts  may  be  corrected  upon  reasonable 
notice,  and  with  the  consent  of  a  general  meeting  of  his 
creditors. 

Every  such  composition  shall,  subject  to  priorities  de- 
clared in  said  act,  provide  for  a  pro-rata  payment  or  satis- 
faction, in  money,  to  the  creditors  of  such  debtor  in  pro- 
portion to  the  amount  of  their  unsecured  debts,  or  theii 
debts  in  respect  to  which  any  such  security  shall  have 
been  duly  surrendered  and  given  up. 

The  provisions  of  any  composition  made  in  pursuance  of 
this  section  may  be  enforced  by  the  court,  on  motion  made 
in  a  summary  manner  by  any  person  interested,  and  on 
reasonable  notice;  and  any  disobedience  of  the  order  of 
the  court  made  on  such  motion  shall  be  deemed  to  be  a 


BANKEUPTCY  ACT,  AS  A3IENDED  1875. 


477 


contempt  of  court.  Rules  and  regulations  of  court  may 
be  made  in  relation  to  proceedings  of  composition  herein 
provided  for  in  the  same  manner  and  to  tlie  same  extent 
as  now  provided  by  law  in  relation  to  proceedings  in  bank- 
ruptcy. 

If  it  shall  at  any  time  appear  to  the  court,  on  notice, 
satisfactory  evidence,  and  hearing,  that  a  composition  un- 
der this  section  can  not,  in  consequence  of  legal  difficul- 
ties, or  for  any  sufficient  cause,  proceed  without  injustice 
or  undue  delay  to  the  creditors  or  to  the  debtor,  the  court 
may  refuse  to  accept  and  confirm  such  composition,  or  may 
set  the  same  aside ;  and,  in  either  case,  the  debtor  shall  be 
proceeded  with  as  a  bankrupt  in  conformity  with  the  pr'> 
visions  of  law,  and  proceedings  may  be  had  accordingly; 
and  the  time  during  which  such  composition  shall  have 
been  in  force  shall  not,  in  such  case,  be  computed  in  cal- 
culating periods  of  time  prescribed  by  said  act. 

PENALTIES  AGAINST  BANKKUPTS. 

Sec.  44.  And  he  it  further  enacted,  That  from  and  after 
the  passage  of  this  act,  if  any  debtor  or  bankrupt  shall, 
after  the  commencement  of  proceedings  in  bankruptcy, 
secrete  or  conceal  any  property  belonging  to  his  estate,  or 
part  with,  conceal,  or  destroy,  alter,  mutilate,  or  falsify,  or 
cause  to  be  concealed,  destroyed,  altered,  mutilated,  or 
falsified,  any  book,  deed,  document,  or  writing  relating 
thereto,  or  remove,  or  cause  to  be  removed,  the  same  or 
any  part  thereof,  out  of  the  district,  or  otherwise  dispose 
of  any  part  thereof,  with  intent  to  prevent  it  from  coming 
into  the  possession  of  the-  assignee  in  banki'uptcy,  or  to 
hinder,  impede,  or  delay  either  of  them  in  recovering  or 
receiving  the  same,  or  make  any  payment,  gift,  sale,  assign- 
ment, transfer,  or  conveyance  of  any  property  belonging 
to  his  estate  with  the  like  intent,  or  spends  any  part  there- 
of in  gaming ;  or  shall,  with  intent  to  defraud,  wilfully 
and  fraudulently  conceal  from  his  assignee  or  omit  from 
his  schedule  any  property  or  effects  whatsoever;  or  if,  in 
case  of  any  person  having,  to  his  knowledge  or  belief, 
proved  a  false  or  fictitious  debt  against  his  estate,  he  shall 


478  BANKRUPTCY  ACT,  AS   AMEl!a)ED  1875. 


fail  to  disclose  the  same  to  his  assignee  within  one  month 
after  coming  to  the  knowledge  or  belief  thereof,  or  shall 
attempt  to  account  for  any  of  his  property  by  fictitious 
losses  or  expenses ;  or  shall,  within  three  months  before 
the  commencement  of  proceedings  in  bankruptcy,  under 
the  false  color  and  pretence  of  carrying  on  business  and 
dealing  in  the  ordinary  course  of  trade,  obtain  on  credit 
from  any  person  any  goods  or  chattels  with  intent  to  de- 
fraud ;  or  shall,  with  intent  to  defraud  his  creditors,  with- 
in three  months  next  before  the  commencement  of  proceed- 
ings in  bankruptcy,  pawn,  pledge,  or  dispose  of,  otherwise 
than  by  bona  fide  transactions  in  the  ordinary  way  of  his 
trade,  any  of  his  goods  or  chattels  which  have  been  obtained 
on  credit  and  remain  unpaid  for,  he  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  in  any 
court  of  the  United  States,  shall  be  punished  by  imprison- 
ment, with  or  without  hard  labor,  for  a  term  not  exceed- 
ing three  years. 

PENALTIES  AGAINST  OFFICEES. 

Sec.  45.  And  be  it  furtJier  enacted,  That  if  any  judge, 
register,  clerk,  marshal,  messenger,  assignee,  or  any  other 
oflicer  of  the  several  courts  of  bankruptcy,  shall,  for  any 
thing  done  or  pretended  to  be  done  under  this  act,  or  under 
color  of  doing  any  thing  thereunder,  wilfully  demand  or 
take,  or  appoint  or  allow  any  person  whatever  to  take  for 
him  or  on  his  account,  or  for  or  on  account  of  any  other 
person,  or  in  trust  for  him  or  for  any  other  person,  any  fee, 
emolument,  gratuity,  sum  of  money,  or  any  thing  of  value 
whatever,  other  than  is  allowed  by  this  act,  or  which  shall 
be  allowed  under  the  authority  thereof,  such  person,  when 
convicted  thereof,  shall  forfeit  and  pay  the  sum  of  not  less 
than  three  hundred  dollars,  and  not  exceeding  five  hun- 
dred dollars,  and  be  imprisoned  not  exceeding  three  years. 

Sec.  46.  And  be  it  furtlier  enacted,  That  if  any  person 
shall  forge  the  signature  of  a  judge,  register,  or  other  offi- 
cer of  the  court,  or  shall  ^forge  or  counterfeit  the  seal  of 
the  court,  or  knowingly  concur  in  using  any  such  forged  or 
counterfeit  signature  or  seal,  for  the  purpose  of  authenti- 


BANKRUPTCY  ACT,  AS  AJVIENDED  1875.  479 


eating  any  proceeding  or  document,  or  shall  tender  in  evi- 
dence any  such  proceeding  or  document  with  a  false  or 
counterfeit  signature  of  any  such  judge,  register,  or  other 
officer,  or  a  false  or  coimterfeit  seal  of  the  court,  snbscribed 
or  attached  thereto,  knowing  such  signature  or  seal  to  be 
false  or  counterfeit,  any  such  person  shall  be  guilty  of  felony, 
and  upon  conviction  thereof  shall  be  liable  to  a  fine  of  not 
less  than  five  hundred  dollars,  and  not  more  than  five  thou- 
sand dollars,  and  to  be  imprisoned  not  exceeding  five  years, 
at  the  discretion  of  the  court. 

FEES  AND  COSTS. 

Sec.  47.  And  be  it  fuHher  enacted,  That  in  each  case  there 
shall  be  allowed  and  paid,  in  addition  to  the  fees  of  the 
clerk  of  the  court  as  now  established  by  law,  or  as  may  be 
established  by  general  order,  under  the  provisions  of  this 
act,  for  fees  in  bankruptcy,  the  following  fees,  which  shall 
b^  applied  to  the  payment  for  the  services  of  the  registers : 

For  issuing  every  warrant,  two  dollars. 

For  each  day  in  which  a  meeting  is  held,  three  dollars. 

For  each  order  for  a  dividend,  three  dollars. 

For  every  order  substituting  an  arrangement  by  trust 
deed  for  banki'uptcy,  two  dollars. 

For  every  bond  with  sureties,  two  dollars. 

For  every  application  for  any  meeting  in  any  matter 
under  this  act,  one  dollar. 

For  every  day's  service  while  actually  employed  under  a 
special  order  of  the  court,  a  sum  not  exceeding  five  dollars, 
to  be  allowed  by  the  court. 

For  taking  depositions,  the  fees  now  allowed  by  law. 

For  every  discharge  when  there  is  no  oppositi(m,  two 
dollars. 

Such  fees  shall  have  priority  of  payment  over  all  other 
claims  out  of  the  estate,  and  before  a  warrant  issues  the 
petitioner  shall  deposit  with  the  senior  register  of  the  court, 
or  with  the  clerk,  to  be  delivered  to  the  register,  fifty  dol- 
lars as  security  fbr  the  payment  thereof;  and  if  there  are 
not  sufficient  assets  for  the  payment  of  the  fees,  the  person 
upon  whose  petition  the  warrant  is  issued  shall  pay  the 


480 


BAXKEUPTCY  ACT,  AS  AMENDED  1875. 


same,  and  tlie  court  may  issue  an  execution  against  him 
to  compel  payment  to  tlie  register. 

Before  any  dividend  is  ordered  the  assignee  shall  pay 
out  of  the  estate  to  the  messenger  the  folloAving  fees,  and 
no  more: 

First.  For  service  of  warrant,  two  doUarsr 

Second.  For  all  necessary  travel,  at  the  rate  of  five  cents 
a  mile,  each  way. 

Third.  For  each  written  note  to  creditor  named  in  the 
schedule,  ten  cents. 

Fourth.  For  custody  of  property,  publication  of  notices, 
and  other  services,  his  actual  and  necessary  expenses  upon 
returning  the  same  in  specific  items,  and  making  oath  that 
tliey  have  been  actually  incurred  and  paid  by  him,  and  are 
just  and  reasonable,  the  same  to  be  taxed  or  adjusted  by 
the  coui't,  and  the  oath  of  the  messenger  shall  not  be  con- 
clusive as  to  the  necessity  of  said  expenses. 

For  cause  shown,  and  upon  hearing  thereon,  such  further 
allowance  may  be  made  as  the  court,  in  its  discretion,  may 
determine. 

The  enumeration  of  the  foregoing  fees  shall  not  prevent 
the  judges,  who  shall  frame  general  rules  and  orders  in 
accordance  with  the  provisions  of  section  ten,  from  pre- 
scribmg  a  tariff  of  fees  for  all  other  services  of  the  officers 
of  courts  of  banki'uptcy,  or  from  reducing  the  fees  pre- 
scribed in  this  section  in  classes  of  cases  to  be  named  in 
theii*  rules  and  orders. 

Sec.  48.  And  be  it  further  enacted,  That  the  woi^  "as- 
signee" and  the  word  "creditor"  shall  include  the  plural 
also;  and  the  word  "messenger"  shall  include  his  assistant 
or  assistants,  except  in  the  provision  for  the  fees  of  that 
officer.  The  word  "  marshal"  shall  include  the  marshal's 
deputies,  the  word  "person"  shall  also  include  "corpora- 
tion," and  the  word  "oath"  shall  include  "affirmation." 
And  in  aU  cases  in  Avhich  any  particular  number  of  days 
is  prescribed  by  this  act,  or  shall  be  mentioned  in  any  rule 
or  order  of  court  or  general  order  which  shall  at  any  time 
be  made  under  this  act,  for  the  doing  of  any  act,  or  for  any 
other  pm-pose,  the  same  shall  be  reckoned,  in  the  absence  of 
any  expression  to  the  contrary,  exclusive  of  the  first  and 


BAXKEUPTCT  ACT,  AS  A^IEXDED  1875.  481 

inclusive  of  the  last  day,  unless  the  last  dav  shaU  fall  on  a 
feundav,  Christmas  day,  or  on  anr  dav  appomted  bv  the 
Fresdent  of  the  Lnited  States  as  a  dav  of  public  fast  or 
thanksgiving,  or  on  the  Fouith  of  Julvl  in  which  case  the 
time  shall  be  reckoned  exclusive  of  that  dav  also. 
^  Sec.  49.  Jjid  be  it  'fudher  enacted,  That  all  the  juri^dic^ 
tion,  power,  and  guthoritv  confeiTed  upon  and  vested  in 
the  district  coui-t  of  the  United  States  bv  this  act  in  cases 
in  banki'uptcv  are  herebv  conferred  upon  and  vested  in 
the  supreme  court  of  the  District  of  Columbia,  and  in  and 
upon  the  district  courts  of  the  several  Territories  of  the 
Lnited  States,  subject  to  the  general  supei-mtendence  and 
jui'isdiction  conferred  upon  circuit  coui-ts  bv  section  two  of 
said  act,  when  the  banki'upt  resides  in  the'said  District  of 
Columbia  or  m  either  of  the  said  Territories.    And  in 
those  judicial  districts  which  are  not  within  anv  or-^-anized 
circuit  of  the  United  States  the  power  and  jimscHcdon  of 
a  circuit  couTt  in  banki-uprcv  mav  be  exercised  bv  the  dis- 
trict judge. 

Sec.  50.  And  he  it  f  urher  enacted,  That  this  act  shall  com- 
mence and  take  effect  as  to  the  appointment  of  the  officers 
created  herebv,  and  the  promulgation  of  rules  and  general 
orders,  fi-om  and  after  the  date  of  its  approval:  Provided, 
That  no  petition  or  other  proceeding  under  this  act  shall 
be  filed,  received,  oi*  comjaenced  before  the  fii-st  dav  of 
June,  anno  Domini  eighteen  hundred  and  sixty-seven." 

That  from  and  after  the  passage  of  this  act  the  fees, 
commissions,  charges,  and  allowances,  excepting  actual  and 
necessaiy  disbursements,  of,  and  to  be  made  bv'the  officers, 
agents/  marshals,  messengers,  assignees,  and'  registers  in 
cases  of  bankruptcy,  shall  be  reduced  to  one  half  of  the 
fees,  commissions,  charges,  and  aUowances  heretofore  pro- 
vided for  or  made  in  like  cases:  Provided.,  That  the  pre- 
ceding  provision  shall  be"  and  remain  in  force  until  the 
justices  of  the  Supreme  Court  of  the  United  States  shall 
make  and  promulgate  new  rules  and  regulations  in  respect 
to  the  matters  aforesaid,  under  the  powers  conferred  upon 
them  by  sections  ten  and  fortv-seven  of  said  act,  and  no 
longer,  which  duties  they  shaU  perfoim  as  soon  as  mav  be. 
And  said  justices  shall  have  power  under  said  sections  b^ 
41  '  ' 


482  BANKRUPTCY  ACT,  AS  AMENDED  1875. 

general  regulations,  to  simplify  and,  so  far  as  in  their  judg- 
ment will  conduce  to  the  benefit  of  creditors,  to  consolid- 
ate the  duties  of  the  register,  assignee,  marshal,  and  clerk, 
and  to  reduce  fees,  costs,  and  charges,  to  the  end  that  pro- 
lixity, delay,  and  unnecessary  expenses  may  be  avoided. 
And  no  register  or  clerk  of  court,  or  any  partner  or  clerk 
of  such  register  or  clerk  of  court,  or  any  person  having 
any  interest  with  either  in  any  fees  or  emoluments  in 
bankruptcy,  or  with  whom  such  register  or  clerk  of  court 
shall  have  any  interest  in  respect  to  any  matter  in  bank- 
ruptcy, shall  be  of  council,  soKcitor,  or  attorney,  either  in 
or  out  of  court,  in  any  suit  or  matter  pending  in  bank- 
ruptcy in  either  the  circuit  or  district  court  of  his  district, 
or  in  an  appeal  therefrom.  Nor  shall  they,  or  either  of 
them,  be  executor,  administrator,  guardian,  commissioner, 
appraiser,  divider,  or  assignee  of  or  upon  any  estate  within 
the  jurisdiction  of  either  of  said  courts  of  bankruptcy; 
nor  be  interested,  directly  or  indirectly,  in  the  fees  or 
emoluments  arising  from  either  of  said  trusts. 

That  it  shall  be  the  duty  of  the  marshal  of  each  dis- 
trict, in  the  month  of  July  of  each  year,  to  report  to  the 
clerk  of  the  district  court  of  such  district,  in  a  tabular 
form,  to  be  prescribed  by  the  justices  of  the  Supreme  Court 
of  the  United  States,  as  well  as  such  other  or  further  in- 
formation as  may  be  required  by  said  justices. 

First,  The  number  of  cases  in  bankruptcy  in  which  the 
warrant  prescribed  in  section  eleven  of  said  act  has  come  to 
his  hands  during  the  year  ending  June  thirtieth,  preceding; 

Secondly,  how  many  such  warrants  were  returned,  with 
the  fees,  costs,  expenses,  and  emoluments  thereof,  respect- 
ively and  separately; 

Thirdly,  the  total  amount  of  all  other  fees  costs,  expenses, 
and  emoluments,  respectively  and  separately,  earned  oi 
received  by  him  during  such  year  from  or  in  respect  of 
any  matter  in  bankruptcy; 

Fourthly,  a  summarized  statement  of  such  fees,  costs, 
and  emoluments,  exclusive  of  actual  disburements  in  bank 
ruptcy  received  or  earned  for  such  year  ; 

Fifthly,  a  summarized  statement  of  all  actual  disburse- 
ments in  such  cases  for  such  year. 


BANKEIJPTCY  ACT,  AS  AMENDED  1875.  -x33 

And  in  like  manner,  every  register  shaU,  in  the  same 

SeSi  of—        '        '^"^^  "^^^^  ^  ^"^""^ 

■  "^w '  number  of  voluntary  cases  in  banki'uptcy  com- 
ing  before  bim  durmg  said  year ; 

Secondly,  the  amount  of  assets  and  liabilities,  as  nearly 
as  may  be,  of  the  bankrupts ; 

dedS?^'      ^'^''''''^  ^""^  ""^^^      ^^''^'''^  dividends 
Fourthly,  the  disposition  of  aU  such  cases; 

4t -oftS^^  and'liabmties,  a3  nearly  . 

SeventUj,  the  disposition  of  all  such  oases; 

Kmthly,  the  total  amount  of  fees,  charges  costs  and 
emoluments,  of  every  sort,  received 'or  eafned  by'such 
register  durmg  said  yeai'  in  each  class  of  cases^above 

Arid  in  like  manner,  every  assignee  shaU,  durm^  said 
month,  make  like  return  to  such  clirk  of-  ^ 

-birst,  the  number  of  voluntary  and  compulsory  ca^es 
respectively  and  separately,  in  his  charge  dm^hig  sSl  year 

Secondly,  the  amomit  of  assets  and  habilities  thereS* 
respectively  and  separately;  ineiem, 

rZ^n,^^i  total  receipts  and  disbursements  therein, 
respectively  and  separately;  ' 

fJ^^T^^'  the  amount  of  dividends  paid  or  declared,  and 

atelvT  '  ^  '"'^         respectively  and 

Fifthlf, 'the  total  amount  of  aU  his  fees,  charge,  and 
emoluments  of  every  kmd  therein,  earned  oi'  received; 

bixthly,  the  total  amomit  of  expenses  mcurred  by  him 
for  legal  proceedmgs  and  counsel  fees  •  ^ 

Seventhly,  the  disposition  of  the  cies  respectively 
said  °       ^  s^^i^arized  statement  of  both  classes  as  afore- 

And  in  like  manner,  the  clerk  of  said  court,  in  the  month 


484  BANKRUPTCY  ACT,  AS  AMENDED  1875. 

of  August  in  eacli  year,  shall  make  up  a  statement  for  such 
year,  ending  June  thirtieth,  of — 

First,  all  cases  in  bankruptcy  pending  at  the  beginning 
of  the  said  year ; 

Secondly,  all  of  such  cases  disposed  of ; 

Thirdly,  all  dividends  declared  therein ; 

Fourthly,  the  number  of  reports  made  from  each  assignee 
therein ; 

Fifthly,  the  disposition  of  all  such  cases ; 
Sixthly,  the  number  of  assignees*  accounts  filed  and 
settled ; 

Seventhly,  whether  any^  marshal,  register,  or  assignee 
has  failed  to  make  and  file  with  such  clerk  the  reports  by 
this  act  required,  and,  if  any  have  failed  to  make  such 
reports,  their  respective  names  and  residences. 

And  such  clerk  shall  report  in  respect  of  all  cases  begun 
during  said  year. 

And  he  shall  make  a  classified  statement,  in  tabular 
lorm,  of  all  his  fees,  charges,  costs,  and  emoluments,  respect- 
ively, earned  or  accrued  during  said  year,  giving  each  head 
under  which  the  same  accrued,  and  also  the  sum  of  all 
moneys  paid  into  and  disbursed  out  of  court  in  bankruptcy, 
and  the  balance  in  hand  or  on  deposit. 

And  all  the  statements  and  reports  herein  required  shall 
be  under  oath,  and  signed  by  the  persons  respectively  mak- 
ing the  same. 

And  said  clerk  shall,  in  the  said  month  of  August,  trans- 
mit every  such  statement  and  report  so  filed  with  him, 
together  with  his  own  statement  and  report  aforesaid,  to 
the  Attorney-General  of  the  United  States. 

Any  person  who  shall  violate  the  provisions  of  this 
section  shall,  on  motion  made,  under  the  direction  of  the 
Attorney-General,  be  by  the  district  court  dismissed  from 
his  office,  and  shall  be  deemed  guilty  of  a  misdemeanor, 
and,  on  conviction  thereof,  be  punished  by  a  fine  of  not 
more  than  five  hundred  dollars,  or  by  imprisonment  not 
exceeding  one  year. 

That  in  addition  to  the  officers  now  authorized  to  take 
proof  of  debts  against  the  estate  of  a  bankrupt,  notaries 
public  are  hereby  authorized  to  take  such  proof,  in  the 


BANKKUPTCY  ACT,  AS  AMENDED  1675.     *  485 


manner  and  under  the  regulations  provided  by  law;  such 
proof  to  be  certified  by  the  notary  and  attested  by  his 
signature  and  official  seal. 

^  That  all  acts  and  parts  of  acts  inconsistent  with  the  pro- 
visions of  this  act  be,  and  same  are  hereby,  repealed. 


RESUMPTION  OF  SPECIE  PAYMENT. 


An  Act  to  provide  for  the  resumption  of  specie  payments. 

Be  it  enacted  hy  the  Senate  and  House  of  Bepresentatives  of 
ihe  United  States  of  America  in  Congress  assembled,  That  the 
Secretary  of  the  Treasury  is  hereby  authorized  and  re- 
quired, as  rapidly  as  practicable,  to  cause  to  be  coined  at 
the  mints  of  the  United  States,  silver  coins  of  the  denom- 
inations of  ten,  twenty-five,  and  fifty  cents,  of  standard 
value,  and  to  issue  them  in  redemption  of  an  equal  number 
and  amount  of  fractional  currency  of  similar  denomina- 
tions, or,  at  his  discretion,  he  may  issue  such  silver  coins 
through  the  mints,  the  sub-treasuries,  public  depositaries, 
and  post-offices  of  the  United  States;  and,  upon  such  issue, 
he  is  hereby  authorized  and  required  to  redeem  an  equal 
amount  of  such  fractional  currency,  until  the  whole 
amount  of  such  fractional  currency  outstanding  shall  be 
redeemed. 

Sec.  2.  That  so  much  of  section  three  thousand  five 
hundred  and  twenty-four  of  the  Kevised  Statutes  of  the 
United  States  as  provides  for  a  charge  of  one-fifth  of  one 
per  centum  for  converting  standard  gold  bullion  into  coin 
is  hereby  repealed,  and  hereafter  no  charge  shall  be  made 
for  that  service. 

Sec.  3.  That  section  five  thousand  one  hundred  and 
seventy-seven  of  the  Eevised  Statutes  of  the  United  States, 
limiting  the  aggregate  amount  of  circulating-notes  of  na- 
tional banking-associations,  be,  and  is  hereby  repealed; 
and  each  existing  banking-association  may  increase  its  cir- 
culating-notes in  accordance  with  existing  law  without  re- 
spect to  said  aggregate  limit;  and  new  banking-associations 
may  be  organized  in  accordance  with  existing  law  without 
respect  to  said  aggregate  limit;  and  the  provisions  of  law 
for  the  withdrawal  and  redistribution  of  national-bank 
486 


ACT  PROVIDING  FOE  SPECIE  PAYMENTS.  487 

currency  among  the  several  States  and  Territories  are 
hereby  repealed.    And  whenever,  or  so  often,  as  circu- 
lating-notes shall  be  issued  to  any  such  banking-association, 
so  increasing  its  capital  or  circulating  notes,  or  so  newly 
organized  as  aforesaid,  it  shall  be  the  duty  of  the  Secretary 
of  the  Treasury  to  redeem  the  legal-tender  Uuited  States 
notes  in  excess  only  of  three  hundred  million  of  dollars,  to 
the  amount  of  eighty  per  centum  of  the  sum  of  national- 
bank  notes  so  issued  to  any  such  banking-association  as 
aforesaid,  and  to  continue  such  redemption  as  such  circu- 
latmg-notes  are  issued  until  there  shall  be  outstandint?  the 
sum  of  three  hundred  million  dollars  of  such  legal-tender 
United  States  notes,  and  no  more.    And  on  and  after  the 
first  day  of  J anuary,  Anno  Domini  eighteen  hundred  and 
seventy-nine,  the  Secretary  of  the  Treasury  shall  redeem, 
in  coin,  the  United  States  legal-tender  notes  then  out- 
standing on  their  presentation  for  redemption,  at  the  office 
of  the  assistant  treasurer  of  the  United  States  in  the  city 
of  New  York,  in  sums  of  not  less  than  fifty  dollars.  And 
to  enable  the  Secretary  of  the  Treasury  to  prepare  and 
provide  for  the  redemption  in  this  act  authorized  or  re- 
quired, he  is  authorized  to  use  any  surplus  revenues,  from 
time  to  time,  in  the  Treasury  not  otherwise  appropriated, 
and  to  issue,  sell,  and  dispose  of,  at  not  less  than  par,  in 
coin,  either  of  the  descriptions  of  bonds  of  the  United 
States  described  in  the  act  of  Congress  approved  July 
fourteenth,  eighteen  hundred  and  seventy,  entitled,  "An 
act  to  authorize  the  funding  of  the  national  debt,"  with 
like  qualities,  privileges,  and  exemptions,  to  the  extent 
necessary  to  carry  this  act  into  full  effect,  and  to  use  the 
proceeds  thereof  for  the  purposes  aforesaid.    And  all  pro- 
visions of  law  inconsistent  with  the  provisions  of  tjhis  act 
are  hereby  repealed. 

Approved,  January  14,  1875. 


GENEVA  AND  SAN  JUAN  AWARDS. 


THE  GENEVA  AWAED,  SEPT.  14,  1872. 


Decision  and  award  made  by  the  tribunal  of  arbitration  consti- 
tuted by  virtue  of  the  first  article  of  the  treaty  concluded  at 
Washington,  the  8th  of  May,  1871,  between  the  United 
States  and  Great  Britain. 

The  United  States  of  America  and  Her  Britannic  Majesty 
having  agreed,  by  article  1  of  the  treaty  concluded  and  signed 
at  Washington,  the  8th  of  May,  1871,  to  refer  all  the  claims, 
"generically  known  as  the  Alabama  claims,"  to  a  tribunal  of 
arbitration,  to  be  composed  of  five  arbitrators,  named;  one  by 
the  President  of  the  United  States,  one  by  Her  Britannic  Majesty, 
one  by  His  Majesty  the  King  of  Italy,  one  by  the  President  of 
the  Swiss  Confederation,  one  by  His  Majesty  the  Emperor  of 
Brazil. — And  the  President  of  the  United  States,  Her  Britannic 
Majesty,  His  Majesty  the  King  of  Italy,  the  President  of  the 
Swiss  Confederation,  and  His  Majesty  the  Emperor  of  Brazil 
having  respectively  named  their  arbitrators,  to-wit :  The  Presi- 
dent of  the  United  States,  Charles  Francis  Adams,  Esq.;  Her 
Britannic  Majesty,  Sir  Alexander  James  Edmund  Cockburn, 
baronet,  a  member  of  Her  Majesty's  privy  council,  lord  chief 
justice  of  England;  His  Majesty  the  King  of  Italy,  His  Excel- 
lency Count  Frederick  Sclopis,  of  Saler^no,  a  knight  of  the 
Order  of  the  Annunciata,  minister  of  state,  senator  of  the  King- 
dom of  Italy;  the  President  of  the  Swiss  Confederation,  M. 
James  Stampfli;  His  Majesty  the  Emperor  of  Brazil,  His  Excel- 
lency Marcos  Antonio  d'Araujo,  Viscount  d'ltajuba,  a  grandee 
of  the  Empire  of  Brazil,  member  of  the  council  of  His  Majesty 
the  Emperor  of  Brazil,  and  his  envoy  extraordinary  and  minister 
plenipotentiary  in  France. — And  the  five  arbitrators  above  named 
having  assembled  at  Geneva  (in  Switzerland),  in  one  of  the 
chambers  of  the  Hotel  de  Ville,  on  the  15th  of  December,  1871, 
in  conformity  with  the  terms  of  the  second  article  of  the  Treaty 
of  Washington,  of  the  8th  of  May  of  that  year,  and  having  pro- 
488 


GENEVA  AND  SAN  JUAN  AWAEDS. 


489 


ceeded  to  tne  inspection  and  verification  of  their  respective 

powers,  which  were  found  duly  authenticated,  the  tribunal  of 
arbitration  was  declared  duly  organized. 

The  agents  named  by  each  of  the  high  contracting  parties,  by 
virtue  of  the  same  article  II,  to-wit:  For  the  United  States  of 
America,  John  C.  Bancroft  Davis,  Esq. ;  and  for  Her  Britannic 
Majesty,  Charles  Stuart  Aubrey,  Lord  Tenterden,  a  peer  of  the 
United  Kingdom,  companion  of  the  Most  Honorable  Order  of 
the  Bath,  assistant  under  secretary  of  state  of  foreign  afiairs, 
whose  powers  were  found  likewise  duly  authenticated, — then 
delivered  to  each  of  the  arbitrators  the  printed  case  prepared  by 
each  of  the  two  parties,  accompanied  by  the  documents,  the 
official  correspondence,  and  other  evidence  on  which  each  relied, 
in  conformity  with  the  terms  of  the  third  article  of  the  said 
treaty. 

In  virtue  of  the  decision  made  by  the  tribunal  at  its  first 
session,  the  counter  case  and  additional  documents,  correspond- 
ence, and  evidence  referred  to  in  article  lY  of  the  said  treaty 
were  delivered  by  the  respective  agents  of  the  two  parties  to  the 
secretary  of  the  tribunal  on  the  15th  of  April,  1872,  at  the  cham- 
ber of  conference,  at  the  Hotel  de  Ville  of  Geneva. 

The  tribunal,  in  accordance  with  the  vote  of  adjournment 
passed  at  their  second  session,  held  on  the  16th  of  December, 
1871,  reassembled  at  Geneva  on  the  15th  of  June,  1872,  and  the 
agent  of  each  of  the  parties  duly  delivered  to  each  of  the  arbitra- 
tors, and  to  the  agent  of  the  other  party,  the  printed  argument 
referred  to  in  article  V  of  the  said  treaty. 

The  tribunal  having  since  fully  taken  into  their  consideration 
the  treaty,  and  also  the  cases,  counter  cases,  documents,  evi- 
dence, and  arguments,  and  likewise  all  other  communications 
made  to  them  by  the  two  parties  during  the  progress  of  their 
sittings,  and  having  impartially  and  carefully  examined  the 
same,  has  arrived  at  the  decision  embodied  in  the  present 
award. 

Whereas,  having  regard  to  the  sixth  and  seventh  articles  of  the 
said  treaty,  the  arbitrators  are  bound,  under  the  terms  of  the 
said  sixth  article,  "  in  deciding  the  matters  submitted  to  them,  to 
be  governed  by  the  three  rules  therein  specified,  and  by  such 
principles  of  international  law,  not  inconsistent  therewith,  as  the 
arbitrators  shall  determine  to  have  been  applicable  to  the  case;" 

And  whereas  the  "  due  diligence"  referred  to  in  the  first  and 
third  of  the  said  rules  ought  to  be  exercised  by  neutral  Govern- 
ments in  exact  proportion  to  the  risks  to  which  either  of  the  bel- 
ligerents may  be  exposed,  from  a  failure  to  fulfill  the  obligations 
of  neutrality  on  their  part ; 

And  whereas  the  circumstances  out  of  which  the  facts  consti- 


490 


GENEVA  AND  SAN  JUAN  AWARDS. 


tuting  the  suhject  matter  of  the  present  controversy  arose,  were 
of  a  nature  to  call  for  the  exercise  on  the  part  of  Her  Britannic 
Majesty's  Government  of  all  possible  solicitude  for  the  observ- 
ance of  the  rights  and  the  duties  involved  in  the  proclamation  of 
neutrality  issued  by  Her  Majesty  on  the  13th  day  of  May,  1861; 

And  whereas  the  effects  of  a  violation  of  neutrality  committed 
by  means  of  the  construction,  equipment,  and  armament  of  a 
vessel  are  not  done  away  with  by  any  commission  which  the 
Government  of  the  belligerent  power,  benefited  by  the  violation 
of  neutrality,  may  afterward  have  granted  to  that  vessel;  and  the 
ultimate  step,  by  which  the  offense  is  completed,  can  not  be 
admissible  as  a  ground  for  the  absolution  of  the  offender,  nor  can 
the  consummation  of  the  fraud  become  the  means  of  establishing 
his  innocence ; 

And  whereas  the  privilege  of  exterritoriality  accorded  to  ves- 
sels of  war  has  been  admitted  into  the  law  of  nations,  not  as  an 
absolute  right,  but  solely  as  a  proceeding  founded  on  the  prin- 
ciple of  courtesy  and  mutual  deference  between  different  nations, 
and  therefore  can  never  be  appealed  to  for  the  protection  of  acts 
done  in  violation  of  neutrality; 

And  whereas  the  absence  of  a  previous  notice  can  not  be  re- 
garded as  a  failure  in  any  consideration  required  by  the  law  of 
nations,  in  those  cases  in  which  a  vessel  carries  with  it  its  own 
condemnation ; 

And  whereas  in  order  to  impart  to  any  supplies  of  coal  a 
character  inconsistent  with  the  second  rule,  prohibiting  the  us'e 
of  neutral  ports  or  waters  as  a  base  of  naval  operations  for  a 
belligerent,  it  is  necessary  that  the  said  supplies  should  be  con- 
nected with  special  circumstances  of  time,  of  persons,  or  of 
place,  which  may  combine  to  give  them  such  character; 

And  whereas,  with  respect  to  the  vessel  called  the  "Alabama," 
it  clearly  results  from  all  the  facts  relative  to  the  construction  of 
the  ship  at  first  designated  by  the  number  "290"  in  the  port  of 
Liverpool,  and  its  equipment  and  armament  in  the  vicinity  of 
Terceira,  through  the  agency  of  the  vessels  called  the  "Agrippi- 
na"  and  the  "Bahama,"  dispatched  from  Great  Britain  to  that 
end,  that  the  British  Government  failed  to  use  due  diligence  in 
the  performance  of  its  neutral  obligations;  and  especially  that  it 
omitted,  notwithstanding  the  warnings  and  official  representa- 
tions made  by  the  diplomatic  agents  of  the  United  States  during 
the  construction  of  the  said  number  "290,"  to  take  in  due  time 
any_ effective  measures  of  prevention,  and  that  those  orders  which 
it  did  give  at  last,  for  the  detention  of  the  vessel,  were  issued  so 
late  that  their  execution  was  not  practicable; 

And  whereas,  after  the  escape  of  that  vessel,  the  measures 
fcaken  for  its  pursuit  and  arrest  were  so  imperfect  as  to  lead  to 


GENEVA  AND  SAN  JUAN  AWARDS. 


491 


no  result,  and  therefore  can  not  bo  considered  sufficient  to 
release  Great  Britain  from  the  responsibility  already  incurred; 

And  whereas,  in  despite  of  the  violations  of  the  neutrality  of 
Great  Britain  committed  by  the  "290,"  this  same  vessel,  later 
known  as  the  Confederate  cruiser  Alabama,  was  on  several  occa- 
sions freely  admitted  into  the  ports  of  colonies  of  Great  Britain, 
instead  of  being  proceeded  against  as  it  ought  to  have  been  in 
any  and  every  port  within  British  jurisdiction  in  which  it  might 
have  been  found; 

And  whereas  the  Government  of  Her  Britannic  Majesty  can 
not  justify  itself  for  a  failure  in  due  diligence  on  the  plea  of  in- 
sufficiency of  the  legal  means  of  action  which  it  possessed. 

Four  of  the  arbitrators,  for  the  reasons  above  assigned,  and 
the  fifth  for  reasons  separately  assigned  by  him,  are  of  opinion 
that  Great  Britain  has  in  this  case  failed,  by  omission,  to  fulfill 
the  duties  prescribed  in  the  first  and  the  third  of  the  rules  estab- 
lished by  the  sixth  article  of  the  treaty  of  Washington. 

And  whereas,  with  respect  to  the  vessel  called  the  "  Florida," 
it  results  from  all  the  facts  relativ^e  to  the  construction  of  the 
"Oreto"  in  the  port  of  Liverpool,  and  to  its  issue  therefrom, 
which  facts  failed  to  induce  the  authorities  in  Great  Britain  to 
resort  to  measuree  adequate  to  prevent  the  violation  of  the  neu- 
trality of  that  nation,  notwithstanding  the  warnings  and  repeated 
representations  of  the  agents  of  the  United  States,  that  Her  Ma- 
jesty's Government  has  failed  to  use  due  diligence  to  fulfill  the 
duties  of  neutrality ; 

And  whereas  it  likewise  results  from  all  the  facts  relative  to 
the  stay  of  the  Oreto  at  Nassau,  to  her  issue  from  that  port,  to 
her  enlistment  of  men,  to  her  supplies,  and  to  her  armament, 
with  the  co-operation  of  the  British  vessel  "Prince  Alfred,"  at 
Green  Bay,  that  there  was  negligence  on  the  part  of  the  British 
colonial  authorities; 

And  whereas,  notwithstanding  the  violation  of  the  neutrality 
of  Great  Britain  committed  by  the  Oreto,  this  same  vessel,  later 
known  as  the  Confederate  cruiser  "Florida,"  was,  nevertheless, 
on  several  occasions,  freely  admitted  into  the  ports  of  British 
colonies ; 

And  whereas  the  judicial  acquittal  of  the  Oreto  at  Nassau  can 
not  relieve  Great  Britain  from  the  responsibility  incurred  by  her 
under  the  principles  of  international  law;  nor  can  the  fact  of 
the  entry  of  the  Florida  into  the  Confederate  port  of  Mobile,  and 
of  its  stay  there  during  four  months,  extinguish  the  responsibility 
previously  to  that  time  incurred  by  Great  Britain. 

For  these  reasons,  the  tribunal,  by  a  majority  of  four  voices  to 
one,  is  of  opinion,  that  Great  Britain  has  in  this  case  failed,  by 
omission,  to  fulfill  the  duties  prescribed  in  the  first,  in  the 


492 


GENEVA  AND  SAN  JUAN  AWARDS. 


second,  and  in  the  third  of  the  rules  established  by  article  YI  of 

the  treaty  of  Washington. 

And  whereas,  with  respect  to  the  vessel  called  the  "  Shenan- 
doah," it  results  from  all  the  facts  relative  to  the  departure  from 
London  of  the  merchant  vessel  the  "Sea  King,"  and  to  the  trans- 
formation of  that  ship  into  a  Confederate  cruiser  under  the  name 
of  the  "  Shenandoah,"  near  the  island  of  Madeira,  -that  the  Gov- 
ernment of  Her  Britannic  Majesty  is  not  chargeable  with  any 
failure,  down  to  that  date,  in  the  use  of  due  diligence  to  fulfill 
the  duties  of  neutrality ; 

But  whereas  it  results  from  the  facts  connected  with  the  stay 
of  the  Shenandoah  at  Melbourne,  and  especially  with  the  aug- 
mentation which  the  British  Government  itself  admits  to  have 
been  clandestinely  effected  of  her  force,  by  the  enlistment  of 
men  within  that  port,  that  there  was  negligence  on  the- part  of 
the  authorities  at  that  place ; 

For  these  reasons,  the  tribunal  is  unanimously  of  opinion,  that 
Great  Britain  has  not  failed,  by  any  act  or  omission,  "to  fulfill 
any  of  the  duties  prescribed  by  the  three  rules  of  article  VI  in 
the  treaty  of  Washington,  or  by  the  principles  of  international 
law  not  inconsistent  therewith,"  in  respect  to  the  vessel  called 
the  Shenandoah,  during  the  period  of  time  anterior  to  her  entry 
into  the  port  of  Melbourne ; 

And,  by  a  majority  of  three  to  two  voices,  the  tribunal  decides 
that  Great  Britain  has  failed,  by  omission,  to  fulfill  the  duties 
prescribed  by  the  second  and  third  of  the  rules  aforesaid,  in  the 
case  of  this  same  vessel,  from  and  after  her  entry  into  Hob- 
son  s  Bay,  and  is  therefore  responsible  for  all  acts  committed  by 
that  vessel  after  her  departure  from  Melbourne,  on  the  18th  day 
of  February,  1865.  *^ 
And  so  far  as  relates  to  the  vessels  called  the  "Tuscaloosa" 
(tender  to  the  Alabama),  the  "Clarence,"  the  "Tacony,"  and  the 
"Archer"  (tenders  to  the  Florida),  the  tribunal  is  unanimously 
of  opinion,  that  such  tenders  or  auxiliary  vessels,  being  properly 
regarded  as  accessories,  must  necessarily  follow  the  lot  of  their 
principals,  and  be  submitted  to  the  same  decision  whicli  applies 
to  them  respectively. 

And  so  far  as  relates  to  the  vessel  called  "  Eetribution,"  the 
tribunal,  by  a  majority  of  three  to  two  voices,  is  of  opinion,  that 
Great  Britain  has  not  failed,  by  any  act  or  omission,  to  fulfill  any 
ot  the  duties  prescribed  by  the  three  rules  of  article  VI  in  the 
treaty  of  Washington,  or  by  the  principles  of  international  law 
not  inconsistent  therewith. 
And  so  far  as  relates  to  the  vessels  called  the  "Georgia"  the 
Sumter,"  the  "Nashville,"  the  "Tallahassee,"  and  the  "Chicka- 
mauga,    respectively,  the  tribunal  is  unanimously  of  opiaion, 


GENEVA  AND  SAN  JUAN  AWAEDS.  493 

VT  in  ^11 1}    f^'w'  P^^^^^^^^d      tiie  three  rules  of  art  cle 

Itionn?  Int    ^.'^^'^f  principles  of  inter- 

national  law  not  inconsistent  therewith 

And  so  for  as  relates  to  the  vessels  called  the  "Sallie"  the 

Jefferson  Davis,"  the  "Music,"  the  "Boston,"  and  the  'V  H 

Joy,   respectively,  the  tribunal  is  unanimously  of  opinion  that 

they^ought  to  be  excluded  from  consideratio/ for  want  of  evt 

And  whereas,  so  far  as  relates  to  the  particulars  of  the  indem- 
nity claimed  by  the  United  States,  the"^  costs  of  pursuit  of  the 
Confederate  cruisers  are  not,  in  the  judgment  of  the  tribunal 
properly  distinguishable  from  the  general  expenses  of  Ihe  war 
carried  on  by  the  United  States.  The  tribunal  is  therefore  of 
opinion,  by  a  majority  of  three  to  two  voices,  that  there  is '  no 
ground  for  awarding  to  the  United  States  anV  sum  by  wav  of 
indemnity  under  this  head.  ^  ^ 

And  whereas  prospective  earnings  can  not  properly  be  made 
the  subject  of  compensation,  inasmSch  as  they  depend  in  Thei? 
nature  upon  future  and  uncertain  contingencies,  the  tribunal  s 
unanimously  of  opinion  that  there  is  no  fround  for  awSt  to 
the  United  States  any  sum  by  way  of  indemnity  under  this 

faf^t  Jhereas,  in  order  to  arrive  at  an  equitable  compensation 
for  the  damages  which  have  been  sustained,  it  is  necessary  to  set 

gross  heights,  ^so  far  as  they  exceed  "  net  freights •  " 
reatnabW^^^^^^ "  ^'^^^  -*-st  at  a 

irJ^^^  "^U'^l'^  in  accordance  with  the  spirit  and  letter  of  the 
d-ltL^lT  '"^'-'''  preferable  to  adopt  the  form  of  a^u- 
dication  of  a  sum  m  gross,  rather  than  to  refer  the  subiect  of 
compensation  for  further  discussion  and  deliberation  to  rboard 
of  assessors,  as  provided  by  article  X  of  the  said  treaty 

by  article  Vn  Af'^S'''^/f  ^""^^'"'^^  ^^^^^^^^^  ^Von  it 

Dy  article  Vll  of  the  said  treaty,  by  a  majoritv  of  four  voices  to 

one,  awards  to  the  United  States  a^sum  of  $15;500,OOoL  goM  as 

the  indemnity  to  be  paid  by  Great  Britain  to  the  United^siates 

for  the  satisfaction  of  all  the  claims  referred  to  the  considerat  on 

yTo^'tZf;:^^^^^^       ~-  ^^^^ 

t^tSrnalh^^^^^  -  hereby  full^,^;er^ 

Furthermore  it  declares,  that  "  each  and  every  one  of  the  said 


494  GENEVA  AND  SAN  JUAN  AWAEDS. 


claims,  whether  the  same  may  or  may  not  have  been  presented 
to  the  notice  of,  or  made,  preferred,  or  laid  before  the  tribunal, 
shall  henceforth  be  considered  and  treated  as  finally  settled, 
barred,  and  inadmissible." 

In  testimony  whereof  this  present  decision  and  award  has 
been  made  in  duplicate,  and  signed  by  the  arbitrators  who  have 
given  their  assent  thereto,  the  whole  being  in  exact  conformity 
with  the  provisions  of  article  VII  of  the  said  treaty  of  Wash- 
ington. . 

Made  and  concluded  at  the  Hotel  de  Ville  of  Geneva,  in  Swit- 
zerland, the  14th  day  of  the  month  of  September,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  seventy-two. 

Chaelbs  Fraijcis  Adams. 

Frederick  Sclopis. 

Stampfli. 

ViCOMPTE  d'ItAJUBA. 


Under  the  act  approved  June  23,  1874,  creating  a  Court  of 
Commissioners  of  Alabama  Claims,"  for  the  distribution  of  the 
award,  its  jurisdiction  is  thus  defined  in  sections  11  and  12: 

Sec  11.  That  it  shall  be  the  duty  of  said  court  to  receive  and 
examine  all  claims  admissible  under  this  act  that  m^y  be  pre- 
sented to  it,  directly  resulting  from  damage  caused  by  the  so-called 
insurgent  cruisers  "Alabama,"  "Florida,"  and  their  tenders, 
and  also  all  claims  admissible  under  this  act  directly  resulting 
from  damage  caused  by  the  so-called  insurgent  cruiser  "Shenan- 
doah" after  her  departure  from  Melbourne  on  the  eighteenth  day 
of  February,  eighteen  hundred  and  sixty-five,  and  to  decide  upon 
the  amount  and  validity  of  such  claims,  in  conformity  with  the 
provisions  hereinafter  contained,  and  according  to  the  principles 
of  law  and  the  merits  of  the  several  cases.  All  claims  shall  be 
verified  by  oath  of  the  claimant,  and  filed  in  said  court_  within 
six  months  next  after  the  organization  thereof,  as  provided  in 
section  eight  of  this  act ;  and  no  claim  shall  be  received,  docket- 
ed, or  considered  that  shall  have  not  been  so  filed  within  the 
time  aforesaid;  but  every  such  unrepresented  claim  shall  be 
deemed  and  held  to  be  finally  and  conclusively  waived  and 
barred. 

Sec.  12.  That  no  claim  shall  be  admissible  or  allowed  by  said 
court  for  any  loss  or  damjage  for  or  in  respect  to  which  the  party 
injured,  his  assignees  or  legal  representative,  shall  have  received 
compensation  or  indemnity  from  any  insurance  company,  in- 
surer or  otherwise ;  but  if  such  compensation  or  indemnity  so 
received  shall  not  have  been  equal  to  the  loss  or  damage  so  actu- 
ally suffered,  allowance  may  be  made  for  the  difference.  And  in 
no  case  shall  any  claim  be  admitted  or  allowed  for  or  in  respect 


GENEVA  AND  SAN  JUAN  AWARDS.  495 

to  unearned  freights,  gross  freights,  prospective  profits,  freights, 
fnnZ'r  r  ^^r^'^^S^^^'  «^       ^ages  of  officers  or  seamen  for  a 
hv  fh  p  l^^f    T       J^a^^^^t  after  the  breaking  up  of  a  voyage 
"^^r^'^'^-r.  ""^^^  «hall  bl  afemissibli  or 

allowed  by  said  court  by  or  m  behalf  of  any  insurance  company 

olhTZlt"'  «r  as  assignee,  ol 

thit  !fn.^n  shall  show,  to  the  satisfaction  of  said  court 

respect  to  its  or  his  war  risks,  exceeded  the  sum  of  its  or  his 
andTr^o''^         gams  upon  or  in  respect  to  such  war  risks; 

any  such  allowance,  the  same  shall  not  be  greatei 

^1  W^T  -T'  l^'':  .  -^^^  ^^^^^  «^all  be  admissible  or 
allowed  by  said  court  arising  in  favor  of  any  insurance  company 
not  lawfully  existing  at  the  time  of  the  loss  under  the  laws  of. 

P.Hfl^^  allowed  by  said  court  arising  in  favor  of  any  person  not 
entitled  at  the  time  of  his  loss  to  the  protection  of  the  United 
did  fn/nf  nor  arising  in  favor  of  any  person  who 

t^thTun^^fd^rtL'^^^^^^       ''''  ^^'^"^^^  ^^^^  ^^^^g--- 

f^n^d'^'I^'vi' ^^"^  retaining  in  the  Treasury,  as  a  special 
rTn^^H  n f 1  to  future  action  the  amount  which  may  be  undis- 
posed of  under  this  act.  And  if  the  sum  of  all  the  judgments 
renderea  by  the  court,  together  with  interest,  should  exceed  the 
amount  of  the  award,  provision  is  made  for  ratable  reductions  of 
tne  judgment  claims. 


THE  SAN  JUAN  BOUNDARY  AWARD. 

We,  William,  by  the  grace  of  God,  German  Emperor,  King  of 
rrussia,  etc.,  etc.,  etc.,  ° 

?^  ^''^^^^  concluded  at  Washington  on 
.he_6th  of  May,  1871,  between  the  governments  of  Her  Britannic 
Majesty  and  of  the  United  States  of  America,  according  to  wMch 
the  said  governments  have  submitted  to  our  arbitrament  the 
question  at  issue  between  them,  whether  the  boundary  line 
which  according  to  the  treaty  of  Washington  of  Jane  15  1846 
alter  being  carried  westward  along  the  forty-ninth  parallel  of 
northern  latitude  to  the  middle  of  the  channel  which^separates 
the  continent  from  Vancouver's  Island  is  thence  to  be  drawn 
southerly  through  the  middle  of  the  said  channel  and  of  the 
Fuca  Straits  to  the  Pacific  Ocean,  should  be  drawn  through  the 
Rosario  Channel,  as  the  Government  of  Her  Britannic  Majes^ 


496 


GENEVA  AND  SAN  JUAN  AWAKDS. 


claims,  or  througli  the  Haro  Channel,  as  the  Government  of  the 
United  States  claims ;  to  the  end  that  we  may  finally  and  without 
appeal  decide  which  of  these  claims  is  most  in  ac,cordance  Avith 
the  true  interpretation  of  the  treaty  of  June  15,  1846.        _  ^ 

After  hearing  the  report  made  to  us  by  the  experts  and  jurists 
upon  the  contents  of  the  interchanged  memorials  and  their 
appendices, — ■ 

Have  decreed  the  following  award : 

Most  in  accordance  with  the  true  interpretations  of  the  treaty 
concluded  on  the  15th  of  June,  1846,  b.etween  the  governments 
of  Her  Britannic  Majesty  and  of  the  United  States  of  America, 
is  the  claim  of  the  Government  of  the  United  States  that  the 
boundary  line  between  the  territories  of  Her  Britannic  Majesty 
and  the  United  States  should  be  drawn  through  the  Haro 
Channel.  . 

Authenticated  by  our  autographic  signature  and  the  impres- 
sion of  the  imperial  green  seal. 

Given  at  Berlin,  October  the  21st,  1872. 

r. .  ai  William. 


POLAND'S  GAG  LAW. 


An  Act  conferring  jurisdiction  upon  the  criminal  court  of  the 
District  of  Columbia,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That  the 
criminal  court  of  the  District  of  Columbia  shall  have  jurisdiction 
of  all  crimes  and  misdemeanors  committed  in  said  District,  not 
lawfully  triable  in  any  other  court,  and  which  are  required  by 
law  to  be  prosecuted  by  indictment  or  information. 

Sbo.  2.  That  the  provisions  of  the  thirty-third  section  of  the 
judiciary  act  of  seventeen  hundred  and  eighty-nine  shall  apply 
to  courts  created  by  act  of  Congress  in  the  District  of  Columbia. 

Approved,  June  22,  1874. 


CIVIL  RIGHTS  BILL  OF  1875. 


Section  1.  That  all  the  persons  within  the  jurisdiction  of  the 
United  States  shall  be  entitled  to  the  full  and  equal  enjoyment 
of  the  accommodations,  advantages,  facilities,  and  privileges  of 
insurances,  public  conveyances  on  land  and  water,  theatres,  and 
other  places  of  public  amusement,  subject  only  to  the  conditions 
and  limitations  established  by  law,  and  applicable  alike  to  the 
citizens  of  every  race  and  color,  regardless  of  any  previous  con- 
dition of  servitude. 

Sec.  2.  That  any  person  who  shall  violate  the  foregoing  section 
by  denying  to  any  citizen,  except  for  reasons  by  law  applicable 
to  the  citizens  of  every  race  and  color,  and  regardless  of  any 
previous  condition  of  servitude,  the  full  enjoyment  of  any  of  the 
accommodations,  advantages,  facilities,  or  privileges  in  said  sec- 
tion enumerated,  or  by  aiding  or  inciting,  shall  for  every  such 
offense  forfeit  and  pay  the  sum  of  five  hundred  dollars  to  the 
person  aggrieved  thereby,  to  be  recovered  in  an  action  of  debt, 
with  full  costs,  and  shall  also,  for  every  such  offense,  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  be  fined 
not  less  than  five  hundred  nor  more  than  one  thousand  dol- 
lars, or  shall  be  imprisoned  not  less  than  thirty  days  nor  more 
thai^  one  year;  provided  that  all  persons  may  elect  to  sue  for 
the  penalty  aforesaid,  or  to  proceed  under  their  rights  at  com- 
mon law  and  by  State  statutes,  and  having  so  elected  to  proceed 
in  the  one  mode  or  the  other:  their  right  to  proceed  in  the 
other  jurisdiction  shall  be  barred;  but  this  proviso  shall  not 
apply  to  criminal  proceedings  either  under  this  act  or  the  crimi- 
nal law  of  any  State  :  and  provided  further  that  the  judgment  for  * 
the  penalty  in  favor  of  the  party  aggrieved,  or  a  judgment  upon 
an  indictment,  shall  be  a  bar  to  either  prosecution  respectively. 

Sec.  3.  That  the  District  and  Circuit  Courts  of  the  United 
States  shall  have,  exclusively  of  the  courts  of  the  several  Stales, 
cognizance  of  all  the  crimes  and  offenses  against  and  violations 
of  the  provisions  of  this  act,  and  actions  for  the  penalty  given  by 
the  preceding  section,  may  be  prosecuted  in  a  Territorial  district 
or  circuit  court  of  the  United  States  wherever  the  dependent 
may  be  found,  without  regard  to  the  other  party ;  and  the  district 


498 


CIVIL  EIGHTS  BILL. 


attorneys,  marshals,  and  deputy  marshals  of  the  United  States, 
and  commissioners  appointed  by  the  circuit  and  territorial 
courts  of  the  United  States,  with  powers  of  arresting  and  impris- 
oning or  bailing  offenders  against  the  law  of  the  United  States, 
are  hereby  especially  authorized  and  required  to  institu+e  pro- 
ceedings against  every  person  who  shall  violate  the  provisions  of 
this  act,  and  cause  him  to  be  arrested  and  imprisoned,  or  bailed, 
as  the  case  may  be,  for  trial  before  such  court  of  the  United 
States  or  Territorial  court  as  by  law  has  cognizance  of  the 
offense,  except  in  respect  of  the  right  of  action  accruing  to  the 
person  aggrieved,  and  such  district  attorney  shall  cause  such 
proceedings  to  be  prosecuted  to  their  termination,  as  in  other 
cases,  provided  nothing  contained  in  this  section  shall  be  con- 
strued to  deny  or  defeat  any  right  of  civil  action  accruing  to  any 
person,  whether  by  reason  of  this  act  or  otherwise ;  and  any  dis- 
trict attorney  who  shall  willfully  fail  to  institute  and  prosecute 
the  proceedings  herein  referred  to  shall  for  every  offense  forfeit 
and  pay  the  sum  of  five  hundred  dollars  to  the  party  aggrieved 
thereby,  to  be  recovered  by  an  action  of  debt,  with  costs,  and 
shall  on  conviction  thereof  be  deemed  guilty  of  a  misdemeanor, 
and  be  fined  not  less  than  one  thousand  nor  more  than  five  thou- 
sand dollars;  and  provided  further  that  a  judgment  for  th^I 
penalty  in  favor  of  the  party  aggrieved  against  any  such  district^ 
attorney,  or  a  judgment  upon  an  indictment  against  any  such 
district  attorney,  shall  be  a  bar  to  either  prosecution  respec- 
tively. 

Sec.  4.  That  no  citizen,  possessing  all  other  qualifications 
which  are  or  may  be  prescribed  by  law,  shall  be  disqualified  for 
the  service  of  a  grand  or  petit  juror  in  any  court  of  the  United 
States,  or  of  any  State,  on  account  of  race,  color,  or  previous 
condition  of  servitude ;  and  any  officer  or  other  person  changed 
with  any  duty  of  the  selection  or  summoning  of  jurors,  who  shall 
exclude  or  fail  to  summon  any  citizen  for  the  cause  aforesaid, 
shall,  on  conviction  thereof,  be  deemed  guilty  of  a  misdemeanor 
and  be  fined  not  more  than  five  thousand  dollars. 

Seo.  5.  That  all  cases  arising  under  the  provisions  of  this  act 
in  the  courts  of  the  United  States  shall  be  reviewable  by  the 
Supreme  Court  of  the  United  States,  without  regard  to  the  sum 
in  controversy,  under  the  same  provisions  and  regulations  as  are 
now  provided  by  law  for  review  of  other  causes  in  said  court. 


PARLIAMENTARY  RULES 

FOR  THE  GOVERNMENT  OF  PUBLIC  ASSEMBLIES. 


A  knowledge  of  the  rules  which  regulate  the  formation  and 
order  of  business  in  public  assemblies,  is  essential  to  every 
^eU  informed  citizen.  Every  citizen  is  obliged,  at  some  time, 
to  take  part  in  the  primary  assemblies  of  the  people.  These 
are  constantly  held,  not  merely  for  political  purposes,  but  for 
those  of  business — commercial,  literary,  benevolent,  or  relig- 
ious. In  addition  to  these  primary  assemblies,  there  are  vari- 
ous and  numerous  organized  associations,  with  some  one  or 
more  of  which  almost  every  citizen  is  connected.  The  rules 
for  the  transaction  of  business  in  the  assemblies,  or  associations, 
are^  substantially  the  same  in  all  of  them,  the  most  important  of 
which  are  substantially  as  follows : 

OEGAIflZATION. 

1.  ^  In  regularly  organized  bodies,  such  as  Congress,  the  State 
Legislature,  religious,  political,  or  other  associations,  the  consti- 
tution under  which  they  act  usually  designates  the  title  of  their 
presiding  officer,  defines  his  duties,  and  provides  for  the  mode 
of  his  appointment. 

2.  When  -6.  primary  assembly  of  the  people,  or  of  any  part  of 
them,_is  called  together  for  any  purpose,  the  first  thing  to  be 
done  is  to  choose  a  presiding  officer,  usually  designated  as  chair- 
man. 

3.  At  the  proper  time  some  one  rises,  and  moves  that  A.  B. 
be  appointed  chairman  of  the  meeting.  When  this  is  seconded 
the  person  making  the  motion  puts  the  question,  and  if  it  be 
carried,  A.  B.  takes  the  chair  as  presiding  officer. 

4.  Regularly  every  public  assembly  should  have  a  secretary, 
who  is  chosen  in  such  manner  as  the  body  may  direct. 

5.  The  assembly  may  appoint  such  other  officers  as  is  deemed 
expedient;  and  on  important  occasions  there  are  usually  ap« 
pointed  several  vice-presidents  and  additional  secretaries. 

499 


500 


PARLIAMENTARY  RULES. 


6.  In  deliberate  bodies  composed  of  delegates,  it  is  usual  to 
effect  a  primary  organization  as  above ;  then  appoint  a  commit- 
tee on  "  permanent  organization,"  Who  nominate  permanent 
officers  for  the  assembly ;  and  a  committee  on  "  credentials," 
who  prepare  a  list  of  those  entitled  to  take  part  in  the  proceed 
ings. 

7.  Immediately  before  or  after  (usually  after)  the  permanent 
organization  there  are  appointed  committees  on  order  of  business, 
resolutions,  address,  and  such  others  as  the  case  may  require. 

DUTIES  OF  OFFICERS. 

8.  The  presiding  officer  opens  each  sitting  of  the  body  by 
taking  the  chair  and  calling  the  members  to  order ;  he  an- 
nounces the  business  in  ord.er;  receives  all  communications, 
messages,  motions,  and  propositions;  puts  to  vote  all  questions 
coming  before  the  body  for  their  decision ;  and  enforces  the 
rules  of  order.  He  may  read  sitting,  but  should  rise  to  state  a 
motion  or  put  a  question. 

9.  The  secretary  keeps  a  record  of  the  proceedings  of  the 
body ;  reads  all  papers  as  ordered ;  calls  the  roll  of  members, 
and  records  their  vote  during  a  call  for  the  ayes  and  nays ;  no- 
tifies committees  of  their  appointment,  and  the  business  referred 
to  them ;  and  takes  charge  of  all  papers  and  documents  belong- 
ing to  the  assembly. 

10.  The  vice-president  takes  the  chair  in  the  absence  of  the 
presiding  officer,  or  when  he  leaves  the  chair  to  take  part  in  the 
proceedings  of  the  meeting. 

11.  When  other  officers  are  chosen  their  duties  are  set  forth 
in  the  resolution  appointing  them,  or  in  the  by-laws  of  the  asso- 
ciation. 

ORDER. 

12.  In  all  assemblies  any  member  may  at  any  time  rise  to  a 
point *of  order.  He  must  distinctly  state  his  question  or  objec- 
tion, which  the  presiding  officer  will  decide. 

13.  Any  member  dissatisfied  with  the  ruling  of  the  chair  may 
appeal  to  the  assembly ;  and  the  presiding  officer  may  call  upon 
the  house  to  sustain  him  in  preserving  order.  The  decision  of 
the  meeting  is  final, 

14.  Every  member  must  treat  every  other  member  with  re- 
spect and  decorum;  and  especially  must  he  acknowledge  the 
dignity  of  the  body  at  large,  and  of  the  officers  thereof. 

15.  The  chairman  of  an  assembly  can  not  regularly  speak  to 
any  thing  but  a  point  of  order,  or  a  question  of  fact. 

16.  In  general  the  chairman  has  his  own  vote  no  more,  but 
in  primary  meetings  he  is  usually  entitled  to  the  casting  vote. 


PARLIAMENTARY  RULES. 


501  • 


17.  If  two^  persons  rise  to  speak  together,  the  chairman  de« 
termines  which  slmll  have  precedence;  it  may,  however,  be  re- 
ferred to  the  house. 

18.  A  person  speaking  can  not  regularly  mention  another 
member  of  the  assembly  by  name.  He  must  describe  him  as 
"  the  gentleman  who  has  just  sat  down,"  "  the  gentleman  on  the 
other  side  of  the  question,"  etc. 

_  19.  When  a  person  rises  to  speak,  he  must  address  the  pre- 
siding  officer,  who  should  call  him  by  name,  that  the  assembly 
may  know  who  he  is. 

^  20.  The  person  speaking  should  confine  himself  to  the  ques- 
tion under  debate,  and  avoid  personality.  If  he  transgress  the 
rules  of  order,  be  may  be  called  to  order  by  the  presiding  officer, 
or  any  member. 

21.  No  one  should  be  interrupted  while  speaking,  except  he 
be  out  of  order,  or  to  ask,  or  to  make  an  explanation. 

22.  A  speaker  may  allow  others  to  ask  questions  or  make  ex- 
planations ;  but  if  he  yield  the  floor,  he  can  not  claim  it  again 
as  his  right. 

OEDER  OF  BUSINESS. 

23.  All  business  should  be  presented  by  a  motion— and  in 
writing,  if  so  required— the  motion  to  be  made  by  one  member 
and  seconded  by  another. 

24.  A  question  is  not  to  be  discussed  until  it  is  moved,  sec- 
onded, and  distinctly  stated  by  the  presiding  officer. 

25.  A  question  before  the  meeting  can  not  be  withdrawn,  ex- 
cept by  unanimous  consent.  " 

26.  _  A  motion  should  contain  but  one  distinct  proposition,  or 
question.  If  it  contains  more  than  one,  it  may  be  divided  at 
the  request  of  any  member,  and  the  questions  acted  on  separ- 
ately. 

27.  A  motion  before  the  meeting  must  be  put  to  vote,  unless 
withdrawn,  laid  on  the  table,  or  postponed. 

28.  A  motion  lost  should  not  be  i-enewed  at  the  same  meet- 
ing, unless  under  circumstances  of  peculiar  necessity. 

29.  While  a  motion  is  under  debate,  no  other  motion  can  ba 
allowed,  except 

THE  PRIVILEGED  QUESTIONS. 

1.  To  adjourn. 

2.  To  lay  on  the  table. 

3.  For  the  previous  question. 

4.  To  postpone  to  a  day  certain. 

5.  To  commit  or  amend. 


502 


PARLIAMENTARY  RULES 


6.  To  postpone  indefinitely. 
"Wliicli  several  motions  sliaU  have  precedence  in  the  order  in 
^vliicli  they  are  arranged ;  and  no  motion  to  postpone  to  a  day 
certain,  to  commit,  or  to  postpone  indefinitely,  being  decided, 
ghall  be  again  allowed  on  the  same  day,  and  of  the  same  stage 
of  the  proposition. 

30.  Motions  to  adjourn,  to  lay  on  the  table,  for  the  preyious 
question,  to  commit,  and  to  indefinitely  postpone,  are  not  de- 
batable. But  when  they  are  modified  by  some  condition  of  time^ 
place,  or  purpose,  they  become  debatable,  and  subject  to  the 
rules  of  other  motions. 

31.  A  motion  to  adjourn  is  always  in  order,  except  while  the 
body  is  engaged  in  voting,  on  another  question,  or  while  a  mem- 
ber is  speaking. 

32.  A  body  may  adjourn  to  specified  time.  But  if  no  time  is 
mentioned,  then  it  is  understood  to  be  adjourned  to  the  time  of 
its  next  meeting;  or  if  it  have  no  other  fixed  time  for  meeting, 
then  an  adjournment  without  date  is  equivalent  to  a  dissolution.. 

33.  If  a  meeting  votes  to  adjourn  at  a  specified  hour,  no  vote 
is  requisite  when  that  hour  arrives.  The  chair  simply  an- 
nounces that  the  meeting  stands  adjourned, 

34.  By  adjournment  the  condition  of  things  is  not  changed ; 
and  when  the  body  meet  again,  every  thing  is  renewed  at  the 
point  where  it  was  left. 

35.  Immediate  and  decisive  action,  on  any  question,  may  be 
deferred  by  a  vote  to  lay  the  resolution  pending  on  the  table, 
whence  it  can  be  ordered  up  when  it  suits  the  convenience  of 
the  assembly. 

36.  When  any  question  is  before  the  house,  any  member  may 
move  the  previous  question,  which  is:  "Shall  the  main  question 
be  now  put."  If  it  pass,  then  the  main  question  is  to  be  put 
immediately,  without  debate  or  amendment;  but  if  lost,  then  the 
main  question  is  not  put,  and  the  discussion  goes  on. 

37.  A  postponement  to  a  day  certain,  is  used  when  a  propo- 
sition is  made  which  it  is  proper  to  act  on — but  information  is 
wanted,  or  something  more  pressing  claims  present  attention. 

38.  An  indtjinite  postponement  is  considered  equivalent  to  a 
final  dismissal  of  the  question. 

39.  The  meeting  may  decide  to  take  up  some  particular  busi- 
ness at  a  special  time.  That  business  becomes  the  order  of  the 
day,  and  when  the  hour  specified  arrives  the  chair  announces 
the  order  of  the  day  and  other  business  is  suspended. 

40.  Questions  relating  to  the  rights  and  jjrivileges  of  the  meet- 
ing, and  of  its  members,  are  of  primary  importance,  and  for  the 
time  take  precedence  of  all  other  business,  and  supersede  all 
other  motions,  except  that  of  adjournment. 


PARLIAMENTARY  RULES. 


503 


41.  VThen  a  question  has  been  decided  it  is  in  order  for  any 
member  ^vho  voted  with  the  majority  to  move  at  the  same  or 
next  succeeding  sitting  of  the  body  for  a  reconsideration  thereof. 
A  question  reconsidered  is  placed  again  before  the  body  for 
action.  '' 

comniTEEs. 

42.  All  committees  shall  be  appointed  by  the  presidin^^  officer 
unless  otherwise  dii-ected.  If  voted  for  bv  the  bodv  it  requires 
a  majority  (in  the  absence  of  any  other  "rule)  of  all  the  votes 
east  to  elect. 

_  43.  The  fii-st  one  named  in  the  appointment  of  a  committee 
IS,  by  courtesy,  considered  the  chairman;  but  the  committee 
nave  the  right  to  appoint  their  own  chairman. 

44.  Any  subject  in  debate,  or  matter  of  business,  may  be  re- 
ferred to  a  committee,  with  or  without  instructions;  the  com- 
mittee to  report  the  result  of  their  investisration  to  the  meetintr. 
^  45-  The  report  of  a  committee  is  accepted  bv  a  vote,  whic? 
simply  acknowledges  the  service  of  the  committee,  and  places 
their  report  before  the  meeting  for  its  action.  Afterwards,  any 
distinct  proposition  or  recommendation  contained  in  the  report 
is  separately  acted  on,  and  may  be  adojjted  or  rejected. 

46.  A  majority  of  a  committee  constitutes  a  quorum  for  busi- 
ness, who  may  meet  where  they  please,  but  thev  can  not  act  ex- 
cept when  together ;  and  nothing  can  be  the  report  of  the  com- 
mittee except  what  is  agreed  upon  in  committee. 


AAIEXDA1EXT3. 

47.  Amendments  may  be  made  to  motions  bv  omittinc^  add- 
ing, or  substituting,  words  or  sentences,  and  amendment^  to 
amendments,  are  in  order. 

48.  The  amendment  should  be  discussed  and  voted  on  first 
and  then  the  original  resolution,  as  amended.  ^  ' 

49.  Xo  amendinent  should  be  made,  which  essentially  chancres 
the  nature  or  design  of  the  original  resolution. 

50.  But  a  sulstitute  may  be'offered  for  any  motion  or  amend- 
ment under  debate,  which  may  or  mav  not  change  the  desicrn  of 
the  motion.  "  ^ 

51.  It  is  in  order  to  move  an  amendment  to  strike  out  certain 
words  and  insert  others;  this  beincr  rejected,  it  is  in  order  to 
move  to  strike  out,  and  insert  a  different  set  of  words ;  thi^  be- 
ing rejected,  it  is  in  order  to  move  to  sti-ike  out  the  same  word^ 
and  insert  nothing ;  because  each  of  these  is  a  distinct  proposi- 
tion differing  from  the  others.  But  it  must  be  recollected,  that 
it  is  not  in  order,  if  the  motion  to  strike  out  and  insert  A.  is 


504 


PARLIAMENTARY  RULES. 


carried,  to  move  an  amendment  to  strike  out  A.  and  insert  B 
To  avoid  this  dilemma,  the  mover  of  B.  must  give  notice,  pend- 
ing the  motion  to  insert  A.,  that  he  intends  to  move  the  inser- 
tion of  B.,  in  which  case  he  will  gain  the  votes  of  all  who  pre- 
fer the  amendment  B.  to  the  amendment  A.,  in  opposition  to  A. 
But,  after  A.  is  inserted,  it  is  in  order  to  move  an  amendment  by 
striking  out  the  whole  or  part  of  the  original  paragraph,  in- 
cluding A. ;  for  this  is  essentially  a  different  proposition  from 
that  to  strike  out  A.  merely. 

QUORUM. 

52.  In  every  constitutionally  organized  body  there  must  he 
some  number  fixed  which  are  sufiicient  to  do  business.  This 
number  is  called  a  quorum,  and  is  usually  designated  in  the 
constitution  under  which  the  body  acts.  Sometimes  a  quorum 
consists  of  a  definite  number  of  members ;  sometimes  of  two- 
thirds  of  all  the  members ;  but  usually,  as  in  congress,  of  a  ma- 
jority of  the  members. 

53.  "When  a  quorum  is  necessary  to  do  business,  in  general, 
the  chair  should  not  be  taken  by  the  presiding  of&cer  till  that 
quorum  is  present.  And  whenever,  in  the  progress  of  business, 
it  is  observed  that  a  quorum  is  not  present,  any  member  may 
call  for  a  count  of  the  house ;  and  a  quorum  being  found  want- 
ing, business  must  be  suspended. 

54.  Tn  primary  assemblies  of  the  people  there  is,  of  course, 
no  number  requisite  to  constitute  a  quorum,  and  it  frequently 
happens  that  a  very  small  number  of  persons  act  for  a  large 
community. 

MISCELLANEOUS. 

55.  The  question  \b  first  put  on  the  affirmative,  and  then  on 
the  negative  side;  till  which,  it  is  not  a  fuJl  question;  but  in  the 
cases  of  small  matters,  such  as  receiving  reports,  petitions,  read- 
ing papers,  etc.,  the  presiding  of&cer  may  presume  consent  un- 
less some  objection  be  formally  made;  which  saves  the  time  of 
taking  votes  on  matters  of  mere  routine. 

56.  In  putting  a  question  the  presiding  of&cer  declares 
whether  the  yeas  or  nays  have  it  by  the  sound  if  he  be  himself 
satisfied;  if  he  be  not  satisfied,  or  if  any  member  express  dissat-^ 
isfaction,  the  body  is  divided,  usually  by  rising.  The  ayes  first 
rise,  and  are  counted  standing  in  their  places,  by  the  chair  or 
by  tellers,  as  the  case  may  be,  then  they  sit;  and  the  noes  rise, 
and  are  counted  in  the  same  manner. 

57.  If  the  result  be  a  tie  (unless  the  chair  give  the  casting  TOte, 
or  if  his  vote  make  the  tie)  the  motion  is  lost. 


PARLIAMENTARY  RULES. 


505 


58.  A  mistake  in  the  announcement  of  a  vote  may  be  recti- 

Sed  after  the  result  is  announced. 

59.  There  is  precedent  that  a  member  may  change  his  vote 
if  it  be  done  before  any  other  business  is  taken  up. 

60.  _  Where  different  numbers  are  suggested  iox filling  hlanJcs, 
the  highest  number,  greatest  distance,  and  longest  time,  are  usu- 
ally voted  on  first. 

61.  A  rule  of  order  may  be  suspended,  by  a  vote  of  the  meet- 
ing, to  allow  of  transacting  business  which  could  not  otherwise 
be  done. 

62.  The  chair  has  a  right  to  name  any  one  to  act  for  him* 
but  this  substitution  does  not  extend  beyond  the  first  adjourn- 
ment. 


43 


PAY  OF  OFFICERS  OF  THE  UNITED 
STATES. 


EXECUTIVE  DEPARTMENT. 

President  :  per  armum  $50,000 

Private  Secretary  

Assistant  Secretary   ^'^uu 

Executive  Clerks   ^.  ^'-^^n 

Vice-President....  

HEADS  OF  DEPARTMENTS. 

Secretary  of  State  per  annum  $8,000 

Secretary  of  the  Treasury   „  °.^]>^]^ 

Secretary  of  War  

Secretary  of  tlie  Navy   * 

Secretary  of  the  Interior  

i  ostmaster  General  

Attorney  General  •  

LEGISLATIVE  DEPARTMENT. 

Speaker  of  House  of  Representatives,  (mileage,  20 

cents  per  mile,)  -per  annum  $6,000 

United  States  Senators,  Members  of  Congress,  and 

Delegates  from  Territories   o.wu 

JUDICIARY  (SUPREME  COURT  OF  UNITED  STATES). 

Chief  Justice  v-Per  annum  $10,500 

Associate  Justices,  (  eight  in  number  ;  court  meets 

1st  Monday  in  December)   '  ^^y^ 

MINISTERS  AND  DIPLOMATIC  AGENTS  OP  THE  UNITED 
St\tES  IN  FOREIGN  COUNTRIES  -  ENVOYS  EXTRAORDI- 
NARY AND  MINISTERS  PLENIPOTENTIARY. 

Minister  to  Great  Britain  per  annum  $17,500 

Minister  to  Russia                                                         „  \ntm 

Minister  to  France  

Minister  to  Germany  

Minister  to  Spain  

Minister  to  Austria   To'linA 

Minister  to  Italy   j^'^^" 

Minister  to  China                                                         I,  j^'O^O 

Minister  to  Mexico   {^'^^X 

Minister  to  Brazil   {^'^^^ 

Minister  to  Japan  

Minister  to  Chili   . 

Minister  to  Peru                                                             ,  j^'^XX 

Minister  to  Central  America   ^">^ 

506 


PAY  or  OFFICEES. 


507 


MINISTERS  RESIDENT. 


Minister  m  Fortugai  

Minister  in  Belgium   ""' 

Minister  in  Netlierlands  

Minister  in  Denmark  

Minister  in  Sweden  and  Norway.'.'. 

Minister  In  Switzerland  

Minister  in  Turkey  

Minister  in  Venezuela  

Minister  in  Ecuador  

Minister  in  Argentine  Confederation. 

Minister  in  Hawaiian  Islands  

Minister  in  Greece  .  .. 

Minister  in  Columbia  .'.','.' 

Minister  in  Bolivia  


•per  annum 


WAR  DEPARTMENT. 

Secretary  of  War  

General  

Adjutant  (^neral  .".'.! ' 

Assistant  ^jutant  General.'.'.'.'!! !'!!!"' 

Second  Assistant  Adjutant  General.  ! 

Third  Assistant  Adjutant  General  

Fourth  Assistant  Adjutant  General  

Chief  Clerk  Adjutant  General's  Bureau  '. 

Inspector  General    

Judge  Advocate  General...  ' 

Assistant  Judge  Advocate  !!! 

Quartermaster  General   ' 

Deputy  Quartermaster  General...!.'!!! 

Assistant  Quartermaster    

Chief  Clerk  Quartermaster's  B'u'r'ea'u'.'.'.'!!!!.'.'.'.' 

Chief  of  Engineers'  Bureau  

Chief  Clerk  of  Engineers'  Bureau  ' 

•Surgeon  General    

Assistant  Surgeon  General. !!!'.*.*.!!! 

Chief  Clerk  Surgeon  General's  Bureau'.....'.'. 

Chief  of  Ordnance.....    

Chief  Clerk  of  Ordnance  .'.'.'."*,' ' 

Paymaster  General    

Deputy  Paymaster  General  '.'.'.'. 

Assistant  Paymaster  General   .*, 

Chief  Clerk  Paymaster  General's  Bureau'.".'.".'.'.*.".* 
Commissary  General  of  Subsistence... 

Assistant  Commissary  General  

Chief  Clerk  Commissary  General's  Bureau'.'.'.'.'.'. 


.per  annum 


$7,500 
7,500 
7,500 
7,500 
7  500 
7^00 
7,500 
7,500 
7,500 
7,500 
7,500 
7,500 
7,500 
7,500 


f8,000 
18,500 
5,500 
3,500 
3,000 
8,000 
3,000 
2,000 
3,500 
5,500 
3,500 
5,500 
3,000 
3,500 
2,000 
5,500 
2,000 
5,500 
3,500 
2,000 
5,500 
2,000 
3.500 
3,000 
3,500 
2,000 
5,500 
3,500 
2,000 


GENERAL  OFFICERS. 


iSd^camp""'^'^'  per  month  $916  67 

Major  General'.'.'."  '. according  to  rank. 
Briiadier  GeneralV...'.".'.'.'.'.*;.':^^^^^^^^^^^^^^  "S^^^^  ^^'^5  ^0 

  458  33 

ADJUTANT  GENERAL'S  DEPARTMENT. 

Adjutant  General— Brigadier  General   ner  fnonth  «4^9  9q 

Assistant  Adjutant  General-Colonel  ^      toonth  $458  33 

AssistantAdjutant  General-Lieutenant  Colonel""  "  Hatl 

Assistant  Adjutant  General-Major   9o2  o2 

Judge  Advocate  General-Colonel.   »  E 

Judge  Advocate-Major   m  tl 


508 


PAY  OF  OFFICERS. 


INSPECTOR  GENERAL'S  DEPARTMENT. 

Inspector  General— Colonel  per  month  $291  67 

Assistant  Inspector  General— Major   *'  208  33 

SIGNAL  DEPARTMENT. 
Signal  Officer— Colonel  per  montli  $291  67 

PAY  DEPARTMENT. 

Paymaster  General  per  montli  Wl  67 

Deputy  Paymaster  General   ' 

Paymaster  

OFFICERS  OF  THE  CORPS  OF  ENGINEERS,  TOPOGRAPHICAL 
ENGINEERS,  AND  ORDNANCE  DEPARTMENT. 

Chief  of  Ordnance— Brigadier  General  per  month  $453  83 

Colonel   291  67 

Lieutenant  Colonel   250  00 

Mflior   

c^^Z^^Z:ZZZ■'ZZilZ.   "        150  00 

First  Lieutenant   "  125  00 

Second  Lientenant   i-^o  b7 

OFFICERS  OF  MOUNTED  DRAGOONS,  CAVALRY,  RIFLEMEN, 
AN  D  LIGHT  ARTILLERY. 

Colonel  per  month  $291  67 

Lieutenant  Colonel   ^ 

Major   208  33 

Captain   1^6  67 

First  Lieutenant   "           Ig^  ^ 

Second  Lieutenant   l^'J 

QUARTERMASTER'S  DEPARTMENT. 

Quartermaster  General— Brigadier  General  per  month  $458  33 

Assistant  Quartermaster  General— Colonel   "  291  61 

Deputy  Quartermaster  General— Lieuten't  Colonel        "  250  00 

Quartermaster— Major   "  208  33 

Assistant  Quartermaster— Captain   lob  b7 

SUBSISTENCE  DEPARTMENT. 

Commissary  General  of  Subsistence— Brigadier 

General  per  month  $458  33 

Assistant  Commissary  General— Colonel   "           291  67 

Commissary  of  Subsistence— Major   "           f08  66 

Commissary  of  Subsistence— Captain   "           150  00 

MEDICAL  DEPARTMENT. 

Surgeon  General— Brigadier  General  per  month  $458  33 

Assistant  Surgeon  General   "  291  67 

Chief  Medical  Purveyor   "  291  67 

Assistant  Medical  Purveyor   "  250  00 

Surgeons— Majors   f08  66 

Assistant  Surgeons— Captains   '  loO  uu 

Adjutant  Regimental  Quartermaster   "  150  m 


PAY  OF  OFPIOEES. 


509 


OFFICERS  OF  ARTILLERY  AND  INFANTRY. 

Major  r       v    «  ^«  5? 

Captain  IZZZ                »  S  m 

First  Lieutenant                                                           <«  fo^ 

Second  Lieutenant  "  116  67 

MONTHLY  PAY  OF  ENLISTED  MEN  OF  THE  UNITED  STATES 
ARMY-FIRST  ENLISTMENT. 

COMPAIfT. 

Pi'ivate-Artillery  Cavalry,  and  Infantiy  per  month  S13  00 

Private,  2d  class-Engineers  and  Ordnance  „        ^^uiix  w 

Musician— Engineers,  Artillery,  and  Infantry  „        «  13  nn 

Trumpeter— Cavalry                                                      a  it  XX 

Wagoner-Artillery,  Cavalry,  and  Infantry .■.*.'.*.".!!!'.'.!        »  u  m 

Artificer— Artillery  and  Infantry                                   «  ?I  ^ 

Corporal— Artillery,  Cavalry,  and  Infantry                    ««  an 

Blacksmith  and  Farrier— Cavalry   «« 

Saddler-Cavalry                                                           «  ^ 

Quartermaster  Sergeant     u 

Sergeant-Artillery,  Cavalry,  and  Infantry.'.'.'.".'.;'.;:'.;*.  17  m 

Private,  1st  Class— Engineers  and  Ordnance                    «  17  on 

Corporal— Engineers  and  Ordnance                                «  on  m 

First-Sergea»t-Artillery,  Cavalry  and  Infantry.';;;        «  22  00 

Saddler— Sergeant— Cavalry                                            u  55  XX 

Sergeant— Engineers  and  Ordnance... .*.".'.;...."..;'.'.'.'.'.'.'.*.'."        «  34  OO 

REGIMENT. 

Chief  Trumpeter— Cavalry                                    Dgr  month  m 

Principal  Musician-Artillery  and  infantry;;;:;;;;;;'.;^      ^"""^^  ^1  §2 

Chief  Musician-Artillery,  Cavalry,  and  Infantry..        «  eo  00 

Sergeant  Major-Artillery,  Cavalry,  and  Infantry^  "  23  00 
Quartermaster  Sergeant— Artillery,  Cavalry,  and 

Infantry  ^  „ 

Sergeant  Major  and  Quartermaster  Sergeant— En- 

gmeers  °   „ 

Veterinary  Surgeon— Senior                                             «  inn  m 

Veterinary  Surgeon-Junior  ;;;;;;;;.';        u  75  55 

POST. 

Hospital  Matron                                                  ner  mnn+Ti  «!in  nn 

Hospital  Steward-lst  class    month  SIO  OO 

Hospital  Steward -2d  class  "        «.  f^)^ 

Hospital  Steward-3d  class  ."' «         '  t^m 

Ordnance  Sergeant                                                          u  SV  XX 

Commissary  Sergeant  .".'.'.'.'.'.*.'.;;'.;'.;;'.;.'.■,'*        «  34  qq 

The  pay  of  enlisted  men,  excepting  the  wao-oner  artifiPAr 
quar  ermaster  sergeant,  chief  musician,  veterinary  sSSe?ns  a?d 
hospital  matron,  during  first  enlistment  increases  ^1  per  a  In  urn' after 
the  second  year.  First  re-enlistment  pay  is  increased  $2  and^f  fS 
second,  third,  and  fourth  re-enlistmeVand\fun?WiAea?h 

SAPPERS  AND  MINERS,  AND  PONTOONIERS. 

C?r|orai:.'.V.'.; • P^r  month  ?34  00 

private-ist  ci^sZZjjj^::::.[[z                      «  ?2  'B 

private-2d  class  ;;;;;;;;;;;;;            «  }i  22 

Musician                                                               „  i|  "J 


PAY  OF  THE  NAVY  OF  THE  UNITED  STATES. 


OFFICERS. 


PEE  ANNUM. 


Admiral  

Vice  Admiral  

Rear  Admirals  

Commodores  

Captains  

Commanders  

Lieut.  Commanders— 1st  four  years  of  commission  

"  "  —after  four  years  

Lieutenants— 1st  five  years  of  commission  

"         — after  five  years  

Masters— 1st  five  years  of  commission  

"     —after  five  years  

Ensigns— 1st  five  years  of  commission  

"     —after  five  years  

Midshipmen  

Fleet  Surgeons— Medical  and  Pay  Directors  

Medical  and  Pay  Inspectors,  and  Chief  Engineers  

Surgeons— 1st  five  years  of  commission  

"      —2d    "       "     "  "   

"      —3d    "       "     "  "   

"      —4th  "    ■    '«     "  "   

"      —after  twenty  years  

Past  Assistant  Surgeons— 1st  five  years  of  commission 

"  "  "        —after  five  years  

Assistant  Surgeons~lst  five  years  of  commission  

"  "        —after  five  years  

Paymasters— same  as  Surgeons. 

Past  Assistant  Paymasters— same  as  P.  A.  Surgeons. 

Assistant  Paymasters— 1st  five  years  of  commission... 
"  "         —after  five  years  

Chaplains— 1st  five  years  of  commission   

"      — after  five  years  

Professors  of  Mathematics— 1st  five  years  of  commis'n 
"        "  "  —2d     "       "     "  " 

it         li  u  — 3(j     it        li     ii  « 

"       "  "         —after  fifteen  years.  

Boatswains — Gunners— Carpenters  

Sailmakers — 1st  three  years  of  commission  

"        —2d      "        "    "  "   

"        —3d      "        «    '*  "   

«        —4th     "        "    "  "   

"        —after  twelve  years  

Naval  Contractors— 1st  five  years  of  commission  

*'  "  —2d     "       "     "  " 

«  '<  —3d     "       "     '*  "   

"  "  —4th  "       "     "  "   

"  "  —after  twenty  years  

Assistan-t  Naval  Contractors— 1st  four  years  of  com'n 
u            "           —2d     "        "  " 
"  ^'  — after  eight  years  


$13000 
9000 
6000 
5000 
4500 
3500 
2S00 
3U00 
2400 
2600 
1400 
1800 
1200 
1400 
1000 
4400 
4400 
2800 
3200 
3500 
3700 
4200 
2000 
2200 
1700 
1900 


$8000 
5000 
4000 
3500 
3000 
2400 
2600 
2000 
2200 
1200 
1500 
1000 
1200 


$6000 
4000 
3000 
2800 
2300 
2000 
2200 
1600 
1800 
1000 
1200 
800 
1000 


2400 
2800 
3200 
3600 
4000 
1800 
2000 
1400 
1600 


2000 
2400 
2600 
2800 
3000 
1500 
1700 
1000 
1200 


1700 
1900 
2500 
2800 
2400 
2700 
8000 
3500 
1200 
120O 
1300 
1400 
1600 
1800 


1400 
1600 
2000 
2300 
2400 
2700 
3000 

3500 : 

900 
900 
1000 
1300 
1300 
1600 
3200 
3400 
3700 
4000 
4200 
2000 
2200 
2600 


1000 
1200 
1600 
1900 
1500 
1800 
2100 
2600 
700 
700 
800 
900 
1000 
1200 
2200 
2400 
2700 
3000 
-3200 
1500 
1700 
1900 


510 


PAT  OF  OPFICEES. 


611 


OFFICERS  OF  THE  -^if  AY Y— Continued. 

Chief  Engineers— same  as  Surgeons. 
Past  Assistant  Engineers— same  as  P.  A.  Surgeons. 
Assistant  Engineers— same  as  Assistant  Surgeons. 

Secretaries  to  Admiral  and  Vice  Admiral  per  annum 

"  "  Commanders  of  Squadrons  

Clerks  to  Commanders  of  Squadrons  

"      «'  "  "  Vessels  

"      at  Navy  Yards— Boston  and'New  Yor£^^^^^^ 

"       "     "         "  —Washington  

"      "  "  —Philadelphia  

"       "     "        "     —Mare  Island  

Yeomen— first  and  second  rate  per  montli 

"      —third  rate  

"      —fourth  rate  

Armorers— first  rate  

"       —second,  third,  and  fourth  rate  

Boatswain's  Mate  and  Gunners,  each  ;  

Carpenters  

Sailma,ker's  Mate  

Masters-at-arms— first  and  second  rate  

"  —third  rate  

"  —fourth  rate  

Ship's  Corporals  

Coxswains,  Quartermasters,  Quarter  Gunners  

Captains  of  Forecastle,  Tops,  Afterguard,  and  Hold 

Coopers  •.  

Painters— first  class  

"      — second  class  

Stewards— of  Cabin  

"       —of  Ward  Room  

"       — of  Steerage  

"       —of  Warrant  Oflicers  

Nurses— complement  less  than  200— one  nurse  

"    —        "  over  200— two  nui'ses  

Cooks— Cabin  

— Ward  Room  

"    — Steerage  

"    —Warrant  Officers  

Musicians— Masters  of  Band  

"       — first  class  

*'  — second  class  

Seamen   -  

"  —Ordinary  

Landsmen  

Firemen — first  class  

"      —second  class  

Coal  Heavers  

Marine  Corps— Brigadier  General  per  annum 

"        "    — Ass't  Quartermaster,  captain's  rank 

"  -Colonel  

"    —Lieutenant  Colonel  

"        "    — Major  

"        "  —Captain  

"        "    —1st  Lieutenant  and  Aid-de-camp  

*'        "    — 1st  Lieutenant  

«        «    _2d  " 

N.B.— All  officers  on  retired  list  receive  75  or  50  per  cent,  of  their 
sea  pay,  according  as  they  are  retired  for  long  and  faithful  service  or 
for  other  causes. 


SCHEDULE  OF  STAMP  DUTIES. 

KEVISED  AND  CORRECTED  TO  DATE. 


STAMP  DUTIES  UNDER  SCHEDULE  B. 
  Stamp  Duty. 

BANK  CHECK,  draft,  order,  or  voucher  for  the  pay- 
ment of  any  sum  of  money  whatever  drawn  upon  any 
bank,  banker,  or  trust  company,  at  sight  or  on  de- 
mand  02 

BILL  OF  EXCHANGE  (foreign),  or  letter  of  credit 
drawn  in  but  payable  out  of  the  United  States.  If 
drawn  singly,  same  rates  of  duty  as  inland  biUs  of 
exchange  or  promissory  notes. 

If  drawn  in  sets  of  three  or  more,  for  every  bill  of 
each  set,  where  the  sum  made  payable  shall  not 
exceed  $100  or  the  equivalent  thereof  in  any  for- 
eign currency   02 

And  for  every  additional  $100,  or  fractional  part 
tihereof  in  excess  of  $100   02 


CANCELLATION. 

In  all  cases  where  adhesive  stamps  are  used  for  denoting  the 
tax  upon  an  instrument,  the  person  or  party  using  or  afi&xing 
them  must  so  affix  them  that  the  entire  surface  of  each  and  every 
stamp  shall  be  exposed  to  view,  and  must  cancel  them  by  writ- 
ing or  imprinting  upon  each  stamp  witJi  ink  the  initials  of  his 
name,  and  the  date  (year,  month,  and  day)  on  which  the  same 
is  attached  or  used,  or  by  cutting  and  canceling  the  same  by  a 
machine  which  shall  affix  the  date,  and  so  cut  and  deface  the 
stamp  as  to  render  it  manifestly  unfit  for  re-use,  and  at  the  same 
time  shall  not  so  deface  the  stamp  as  to  prevent  its  denomination 
and  genuineness  from  being  readily  determined. 

When  the  stamps  are  printed  upon  checks,  etc.,  so  that  in 
filling  up  the  instrument  the  face  of  the  stamp  is,  and  must  nec- 
essarily be,  written  across,  no  other  cancellation  will  be  required. 
512 


SCHEDULE  OF  STAMP  DUTIES. 


513 


PENALTIES 

^  A  penalty  of  $50  is  imposed  upon  every  person  vrho  makes, 
signs,  or  issues,  or  vrho  causes  to  be  made,  signed,  or  issued,  any 
paper  of  any  kind  or  description  whatever,  or  who  accepts,  ne- 
gotiates, or  pays,  or  who  causes  to  be  accepted,  negotiated-,  or 
aid.  any  check,  draft,  order,  or  voucher  drawn  upon  anv  bank, 
anker,  or  bank  company  for  the  payment  of  any  sum  of  money 
whatever,  without  the  same  being  duly  stamped,  or  having  there- 
upon an  adhesive  stamp  for  denoting  the  tax  chargeable  thereon, 
canceled  in  the  manner  required  by'law,  with  intent  to  evade  the 
provisions  of  the  revenue  act.    (Sec.  3422  E.  S.) 

A  penalty  of  S50  is  imposed  upon  every  person  who  fraudently 
makes  use  of  an  adhesive  stamp  to  denote  the  duty  required  by 
the  revenue  act.  without  effectually  canceling  and  obliterating 
the^same  in  the  manner  required  by  law.    fSec.  3422  E.  S.) 

Xo  bank  check,  draft,  or  order  required  by  law  to  be  stamped, 
which  is  issued  without  being  stamped,  shall  be  admitted  or  used 
in  evidence  in  any  court  until  a  legal  stamp  denoting  the  amount 
of  tax  is  applied  thereto,  as  provided  by  law. 

It  is  not  lawfal  to  record  any  instrument,  document,  or  paper, 
required  by  law  to  be  stamped,  or  any  copy  thereof  unless  a 
stamp  or_stamps  of  the  proper  amount  have  been  affixed  and 
canceled  in  the  manner  required  by  law ;  and  such  instrument 
or  copy  and  the  record  thereof  are  utterly  null  and  void,  and 
can  not  be  used  or  admitted  as  evidence  in  any  court  until  the 
defect  has  been  cured,  as  provided  in  section  3422  E.  S. 

GEXERAL  EEilAEKS  EETEREIXa  TO  SCHEDULE  B. 

Eevenue  stamps  may  be  used  indiscriminately  upon  any  of 
the  matters  or^things  enumerated  in  Schedule  B^,  except  propri- 
etary and  playing  card  stamps,  for  which  a  special  use  has  been 
provided. 

Postage  stamps  can  not  be  used  in  payment  of  the  duty 
chargeable  on  instruments. 

The  law  does  not  designate  which  of  the  parties  to  an  instru- 
ment shall  furnish  the  necessary  stamp,  nor  does  the  commis- 
sioner of  internal  revenue  assume  to  determine  that  it  shall  be 
supplied  by  one  party  rather  than  by  another ;  but  if  an  instru- 
ment subject  to  stamp  duty  is  issued  without  having  the  neces- 
sary stamp  affixed  thereto,  it  can  not  be  recorded,  or  admitted, 
or  used  as  evidence  in  any  court,  until  a  legal  stamp  or  stamps^ 
denoting  the  amount  of  tax,  shall  have  been  affixed  as  prescribed 
by  law,  and  the  person  who  thus  issues  it  is  liable  to  a  penalty 


514 


SCHEDULE  OF  STAMP  DUTIES. 


if  he  omits  the  stamps  with  an  attempt  to  evade  the  provisions 
of  the  internal  revenue  act. 

STAMP  DUTIES  UPON  ARTICLES  IN  SCHEDULE  0. 

Stamp  Duty. 

PROPRIETARY  MEDICINES  AND  PREPARA- 
TIONS. For  and  upon  every  packet,  box,  bottle,  pot, 
phial,  or  other  enclosure,  containing  any  pills,  pow- 
ders, tinctures,  troches,  lozenges,  sirups,  cordials, 
bitters,  anodynes,  tonics,  plasters,  liniments,  salves, 
ointments,  pastes,  drops,  waters,  essences,  spirits, 
oils,  or  other  medicinal  preparations  or  compositions 
whatsoever,  sold,  offered,  or  exposed  for  sale,  or  re- 
moved for  consumption  and  sale,  by  any  person  or 
persons  whatever,  where  such  packet,  box,  etc.,  with 
its  contents,  does  not  exceed,  at  retail  price  or  value, 

the  sum  of  twenty-five  cents   $0  01 

Exceeding  twenty-five  and  not  exceeding  fifty  cents  02 
Exceeding  fifty  and  not  exceeding  seventy-five  cents  03 
Exceeding  seventy-five  cents  and  not  exceeding  one 

dollar   04 

Exceeding  one  dollar,  for  every  additional  fifty 
cents,  or  fractional  part  thereof  in  excess  of  one 

dollar   02 

Officinal  preparations,  and  medicines  mixed  or 
compounded  specially  for  any  person  according 
to  the  written  recipe  or  prescription  of  any  phy- 
sician or  surgeon  Exempt, 

PERFUMERY  AND  COSMETICS.  For  and  upon 
every  packet,  box,  bottle,  pot,  phial,  or  other  enclos- 
ure containing  any  essence,  extract,  toilet-water,  cos- 
metic, hair-oil,  pomade,  hair-dressing,  hair-restora- 
tive, hair.dye,  tooth-wash,  dentifrice,  tooth-paste,  aro- 
matic cachous,  or  any  similar  articles,  by  whatsoever 
name  the  same  heretofore  have  been,  now  are,  or 
may  hereafter  be  called,  known  or  distinguished, 
used  or  applied,  or  to  be  used  or  applied,  as  per- 
fumes or  applications  to  the  hair,  mouth,  or  skin, 
sold,  offered  for  sale,  or  removed  for  consumption 
and  sale,  the  same  rates  per  package,  etc.,  as  for 
medicines  and  preparations. 
FRICTION  MATCHES.    For  and  upon  every  parcel 

or  package  of  100  or  less   01 

More  than  100  and  not  more  than  200   02 

For  every  additional  100  or  fractional  part  thereof.  01 


SCHEDULE  OF  STAMP  DUTIES. 


515 


Stamp  Duty, 

WAX  TAPERS,  double  the  rates  for  friction  matches. 
CIGAR  LIGHTS,  made  in  part  of  wood,  wax,  glass, 
paper,  or  other  materials,  in  parcels  or  packages, 
containing  twenty-five  lights  or  less  in  each  parcel  or 

package  ,   01 

When  in  parcels  or  packages  containing  more 

than  twenty -five  and  not  more  than  fifty  lights..  02 
For  every  additional  twenty-five  lights,  or  frac- 
tional part  of  that  number,  one  cent  additional. 
PLAYING  CARDS.    For  and  upon  every  pack  not  ex- 
ceeding fifty-two  cards  in  number,  irrespective  of 
price  or  value   05 


GENEEAL  RE5IAEKS  ON  SCHEDULE  C. 


Perfumery  and  cosmetics  are  liable  to  stamp  duty  whether 
sold  with  the  bottle  or  other  enclosure  containing  them,  or  in 
bottles,  etc.,  .furnished  by  the  purchaser. 

Stamps  appropriated  to  denote  the  duty  charged  upon  articles 
named  in  Schedule  C,  and  in  the  amendments  thereto,  can  not 
be  used  for  any  other  purpose,  nor  can  stamps  appropriated  to 
denote  the  duty  upon  instruments  to  be  used  in  payment  of  the 
duties  upon  articles  enumerated  in  this  schedule. 

Any  person  who  o£Fers  or  exposes  for  sale  any  of  the  articles 
named  in  Schedule  C,  or  in  any  of  the  amendments  thereto, 
whether  they  are  imported  or  of  foreign  or  domestic  manufac- 
ture, is  to  be  deemed  the  manufacturer  thereof  and  subject  to 
all  the  duties,  liabilities,  and  penalties  imposed  by  law  in  regard 
to  the  sale  of  domestic  articles  without  the  use  of  the  proper 
stamp  or  stamps  for  denoting  the  tax  paid  thereon.  The  stamp 
tax  upon  such  articles  imported  or  of  foreign  manufacture  is  in 
addition  to  the  import  duties. 


HISTORY  OF  THE  NATIONAL  BANKS. 


DIGEST  OF  THE  LAW,  ETC. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled^  That  there  shall  be  estab- 
lished Jn  the  Treasury  Departmeiit  a  separate  Bureau,  the  chief 
officer  of  which  shall  be  denominated  the  Comptroller  of  the  Cur- 
rency, who  shall  be  under  the  general  direction  of  the  Secretary 
of  the  Treasury. 

Sec.  6.  That  associations  for  carrying  on  the  busin-ess  of  bank- 
ing may  be  formed  by  any  number  of  persons,  not  less  in  any 
case  than  five,  who  shall  enter  into  articles  of  association,  which 
shall  specify  in  general  terms  the  object  for  which  the  association 
is  formed,  and  may  contain  any  other  provisions,  not  inconsistent 
with  the  provisions  of  this  act,  which  the  association  may  see  fit 
to  adopt  for  the  regulation  of  the  business  of  the  association  and 
the  conduct  of  its  affairs,  which  said  articles  shall  be  signed  by 
the  persons  uniting  to  form  the  association,  and  a  copy  of  thera 
forwarded  to  the  Comptroller  of  the  Currency,  to  be  filed  and  pre- 
served in  his  office. 

Sec.  6.  That  the  persons  uniting  to  form  such  an  association 
shall,  under  their  hands,  make  an  organization  certificate,  which 
shall  specify — 

First.  The  name  assumed  by  such  association,  which  name  shall 
be  subject  to  the  approval  of  the  Comptroller. 

Second.  The  place  where  its  operations  of  discount  and  deposit 
are  to  be  carried  on,  designating  the  State,  Territory,  or  District, 
and  also  the  particular  county  and  city,  town  or  village. 

Third.  The  amount  of  its  capital  stock,  and  the  number  of 
shares  into  which  the  same  shall  be  divided. 

Fourth.  The  names  and  places  of  residence  of  the  shareholders, 
and  the  number  of  shares  held  by  each  of  them. 

Fifth.  A  declaration  that  said  certificate  is  made  to  enable  such 
persons  to  avail  themselves  of  the  advantages  of  this  act. 

The  said  certificate  shall  be  acknowledged  before  a  judge  of 
Bome  court  of  record  or  a  notary  public,  and  such  certificate,  with 
the  acknowledgment  thereof  authenticated  by .  the  seal  of  such 
court  or  notary,  shall  be  transmitted  to  the  Comptroller  of  the 
Currency,  who^  shall  record  and  carefully  preserve  the  same  in  his 
office.  Copies  of  such  certificate,  duly  certified  by  the  Comptroller 

516 


HISTORY  OF  THE  XATTOXAL  BA3,'KS. 


517 


and  authenticated  by  his  seal  of  office,  shall  be  legal  and  sufficient 
evidence  m  all  courts  and  places  within  the  United  States,  or  the 
jurisdiction  of  the  Government  the;eof,  of  the  existence  of  such 
association,  and  of  every  other  matter  or  thing  which  could  be 
proved  by  the  production  of  the  original  certificate. 

Sec.  7.  That  no  association  sha;]  be  organized  under  this  act 
with  a  less  capital  than  one  hundred  thousand  dollars,  nor  in  a 
city  whose  population  exceeds  fifty  thousand  persons,  with  a  less 
capital  than  two  hundred  thousand  dollars :  Provided,  That  banka 
with  a  capital  of  not  less  than  fifty  thousand  dollars  mav,  wiih  the 
approval  of  the  Secretary  of  the  Treasury,  be  organized  in  any 
place,  the  population  of  which  does  not  exceed  six  thousand  inhab- 
itants. 

Sec.  8.  That  every  association  formed,  pursuant  to  the  provisions 
of  this  act,  shall,  from  the  date  of  the  executioa  of  its  organization 
certificate,  be  a  body-corporate,  but  sh  ill  transact  no  business  ex- 
cept such  as  may  be  incidental  to  its  organization  and  necessarily 
preliminary,  until  authorized  by  the  Comptroller  of  the  Currency 
to  commence  the  busin-ss  of  banking.    Such  association  shall  have 
power  to  adopt  a  corporate  seal,  and  shall  have  succession  hv  the 
name  designated  in  its  organization  cenificate,  for  the  period  of 
twenty  years  from  its  organization,  unless  sooner  dissolved  ac- 
cording to  the  provisions  of  its  articles  of  association,  or  by  the 
act  of  Its  shareholders  owning  two-thirds  of  its  stock,  or  unless 
the  franchise  shall  be  forfeited  by  a  violation  of  this  act ;  bv  such 
name  it  may  make  contracts,  sue  and  be  sued,  complain  and  defend 
jn  any  court  of  law  and  equity  as  fully  as  natural  persons;  it  may 
elect  or  appoint  directors,  and  by  its  board  of  directors  arpoint  a 
president,  vice-president,  cashier,  and  other  officers,  define  their 
duties,  require  bonds  of  them,  and  fix  the  penaltv  thereof,  dismiss 
said  officers  or  any  of  them  at  pleasure,  and  appoint  others  to  fill 
their  places,  and  exercise  under  this  act  all  such  incidental  pow- 
ers as  shall  be  necessary  to  carry  on  the  business  of  bankino-  by 
discounting  and  negotiating  promissory  notes,  drafts,  bills  of  ex- 
change, and  other  evidences  of  debt;  by  receiving  deposit' •  by 
buying  and  selling  exchange,  coin,  and  bullion;  bv  loanin^r  money 
on  personal  security;  by  obtaining,  issuing,  and  circulatincr  notes 
according  to  the  provisions  of  this  act ;   and  its  board  of  direcro^-s 
saall  also  have  pov.-er  to  define  and  regulate  by  by-laws,  not  incon- 
sistent with  the  provisions  of  this  act.  the  manner  in  wh'ch  its 
stock  shall  be  transferred,  its  directors  elected  or  appointed  its 
officers  appointed,  its  property  transferred,  its  general  business  con- 
ducted, and  all  the  privileges  granted  by  this  act  to  associations 
organized  under  it  shall  be  exercised  and  enjoyed;  and  its  usual 
biKiness  shall  be  transacted  at  an  office  or  banking-house  located 
m  tlie  piace  specified  in  its  organization  certificate. 

Sec  9.  That  the  affairs  of  every  association  shall  be  mana<red 
by  not  less  than  five  directors,  one  of  whom  shall  be  the  presi- 


518 


HISTORY  OF  THE  NATIONAL  UANKS. 


dent.  Every  director  shall,  during  his  whole  term  of  service,  ht 
a  citizen  of  the  United  Spates;  and  at  least  three-fourths  of  tht 
directors  shall  have  resided  in  the  State,  Territory,  or  District 
in  which  such  association  is  located  one  year  next  precediuf 
their  election  as  directors,  nnd  be  resiJents  of  the  same  during 
their  continuance  in  office.  Each  director  shall  own,  in  his  own 
right,  at  least  ten  shares  of  the  capiral  stock  of  the  association  of 
which  he  is  a  director. 

Sec.  11.  That  in  ail  elections  of  directors,  and  in  deciding  alf 
questions  at  meetings  of  shareholders,  each  shareholder  shall  be 
entitled  to  one  vote  on  each  shai-e  of  stock  held  by  him.  Share- 
holders may  vote  by  proxies  duly  authorized  in  writing ;  but  no 
of&cer,  clerk,  teller,  or  book-keeper  of  such  association  shall  act  as 
proxy;  and  no  shareholders,  wiiose  liability  is  past  due  and  un- 
paid, shall  be  allowed  to  vote. 

Sec.  12.  That  the  capital  stock  of  any  association  formed  under 
this  act  shall  be  divided  into  shares  of  one  hundred  dollars  each, 
and  be  deemed  personal  property  and  transferable  on  the  books 
of  the  association ;  and  every  person  becoming  a  shareholder  by 
such  transfer  shall,  in  proportion  to  his  shares,  succeed  to  all  the 
rights  and  liabilities  of  the  prior  holder  of  such  shares,  and  no 
change  shall  be  made  in  the  articles  of  association  by  which  the 
rights,  remedies,  or  security  of  the  existing  creditors  of  the  asso- 
ciation shall  be  impaired.  The  shareholders  of  each  association 
formed  under  the  provisions  of  this  act,  and  of  each  existing 
bank  or  banking  association  that  may  accept  the  provisions  of  this 
act,  shall  be  held  individually  responsible,  equally  and  ratably, 
and  not  one  for  another,  for  all  contracts,  debts,  and  engagements 
of  such  association  to  the  extent  of  amount  of  their  stock  therein 
at  the  par  value  thereof,  in  addition  to  the  amount  invested  in  such 
shares ;  except  that  shareholders  of  any  banking  association  now 
existing  under  State  laws,  having  not  less  than  five  millions  of 
dollars  of  capital  actually  paid  in,  and  a  surplus  of  twenty  per 
centum  on  hand,  both  to  be  determined  by  the  Comptroller  of  the 
Currency,  shall  be  liable  only  to  the  amount  invested  in  their 
shares ;  and  such  surplus  of  twenty  per  centum  shall  be  kept  un- 
diminished, and  be  in  addition  to  the  surplus  provided  for  in  this 
act;  and  if  at  any  time  there  shall  be  a  deficiency  in  said  surplus 
of  twenty  per  centum,  the  said  banking  association  shall  not  pay 
any  dividends  to  its  shareholders  until  such  deficiency  shall  be 
made  good;  and  in  case  of  such  deficiency,  the  Comptroller  of 
the  Currency  may  compel  said  banking  association  to  close  up 
its  business  and  wind  up  its  affairs  under  the  provisions  of  this 
act.  And  the  Comptroller  shall  have  authority  to  withhold  from 
an  association  his  certificate  authorizing  the  commencement  of 
business,  whenever  he  shall  have  reason  to  suppose  that  the  share- 
holders thereof  have  formed  the  same  for  any  other  than  the  legiti 
mate  objects  contemplated  bv  this  act. 


HISTORY  OF  THE  NATIONAL  BANKS.  519 

thi?^;^^  hv^u«^'\'V"  ^^"^^"^  any  association  formed  under 
tHis  act,  by  Its  articles  of  association  to  provide  for  an  increase  of 
I  S  capital  from  time  to  time,  as  may  be  deemed  expedtent^uS^ 

re'ase'ln^'thr  '^''i  ''^^"''''^  -eh  in- 

crease m  the  articles  of  association  shall  be  defermined  by  the 

valTlunt  rthe  ^  "^"^ ^^^^^^^^  of  capital  shJll^: 
valid  until  the  whole  amount  of  such  increase  shall  be  paid  in 
and  notice  thereof  shall  have  been  transmitted  to  the  Comp!  ol S 
of  the  Currency,  and  his  certificate  obtained  specifying  the  amouul 
tLTuy^TT''  i''i  capital  stock,  with  his  approvaAhereorand 
that  it  has  been  duly  paid  in  as  part  of  the  capital  of  such  asso- 
ciation And  every  association  shall  have  power,  by  the  vote  of 
2p[tlYofTir"'"^- r^'^^'^  stock,  {o  reduc  'the 

aXed  bv  fh? ..f  • ''?T^''^>       ^^-^  ^^1^^        ^^onnt  re- 

quired by  this  act  in  the  formation  of  associations:  Provided  That 
by  no  such  reduction  shall  its  capital  be  brought  belowTe  amount 
required  by  this  act  for  its  outstanding  circulation,  nor  sha  l  any 
such  reduction  be  made  until  the  amount  of  the  proposed  leduc^ 
tion  has  been  reported  to  the  Comptroller  of  the  Currency  and  his 
approval  thereof  obtained.  ^ 
Sec.  14.  That  at  least  fifty  per  centum  of  the  capital  stock  of 
every  association  shall  be  paid  in  before  it  shall  be^authorized  to 
commence  business;  and  the  remainder  of  the  capital  stock  o? 
such  association  shall  be  paid  in  installments  of  at^least  ten  per 
centum  each  on  the  whole  amount  of  the  capital  as  frequently  as 
one  installment  at  the  end  of  each  succeeding  month  from  the  t^me 
It  shall  be  authorized  by  the  Comptroller  to  commence  busines^ 
and  the  payment  of  each  installment  shall  be  certified  o  the 
Comptroller,  under  oath,  by  the  president  or  cashier  of  the  asso! 
cioi  Lion* 


Sec.  16.  That  every  association,  after  having  complied  with  the 
provisions  of  this  act,  preliminary  to  the  commencement  of  bank! 
ng  business  under  its  provisions,  and  before  it  shall  be  author- 
ized  to  commence  business,  shall  transfer  and  deliver  to  the  Treas- 
urer  of  the  United  States  any  United  States  registered  bonds 
bearing  interest  to  an  amount  not  less  than  thirt/ thousand  dol- 
^n.YVuV^^''  '^'-'^''^  capital  stock  ^paid    n,  which 

bonds  shall  be  deposited  with  the  Treasurer  of  the  United  sTates 
and  by  him  safely  kept  in  his  office  until  the  same  shall  be  o  herl 
wise  disposed  of,  in  pursuance  of  the  provisions  of  this  act  and 
the  Secretary  of  the  Treasury  is  hereby  authorized  to  recet'e  and 
cancel  any  United  States  coupon  bonds,  and  to  issue  in  iTeti  rereof 
registered  bonds  of  like  amount,  bearing  a  like  rate  o?  \nterest 
and  naving  the  same  time  to  run;  and  the  deposit  of  bonds  shali 
be,  by  every  association,  increased  as  its  capital  may  be  paid  up 
posu'wTth  tC  r"'  '^'"'^  -««ociation  shall  at  all  timers  have  on  de- 
amounT  if  n  t  ln  r'^'T  ^/g^^^.^red  United  States  bonds  to  the 
amount  of  at  least  one-third      its  capital  stock  actually  paid  in- 


520 


HISTORY  OF  THE  NATrONAL  BANKS. 


Provided,  Ttat  notMng  in  this  section  shall  prevent  an  association 
that  may  desire  to  reduce  its  capital  or  to  close  up  its  business  and 
dissolve  its  organization  from  taking  up  its  bonds  upon  returning 
to  the  Comptroller  its  circulating  notes  in  the  proportion  herein- 
after named  in  this  act,  nor  from  taking  up  any  excess  of  bonds 
beyond  one-third  of  its  capital  stock,  and  upon  which  no  circulate 
ing  notes  have  been  delivered. 

Sec.  17.  That  whenever  a  certificate  shall  have  been  transmitted 
to  the  Comptroller  of  the  Currency,  as  provided  in  this  act,  and 
the  association  transmitting  the  same  shall  notify  the  Comp- 
troller that  at  least  fifty  per  centum  of  its  capital  stock  has 
been  paid  in  as  aforesaid,  and  that  such  association  has  com- 
plied with  all  the  provisions  of  this  act  as  required  to  be  com- 
plied with  before  such  association  shall  be  authorized  to  com- 
mence the  business  of  banking,  the  Comptroller  shall  examine 
into  the  condition  of  such  association,  ascertain  especially  the 
amount  of  money  paid  in  on  account  of  its  capital,  the  name  and 
place  of  residence  of  each  of  the  directors  of  such  association,  and 
the  amount  of  the  capital  stock  of  which  each  is  the  bona  fide 
owner,  and  generally  whether  such  association  has  complied  with 
all  the  requirements  of  this  act  to  entitle  it  to  engage  in  the  busi- 
ness of  banking ;  and  shall  cause  to  be  made  and  attested  by  the 
oaths  of  a  majority  of  the  directors  and  by  the  president  or  cashier 
of  such  association,  a  statement  of  all  the  facts  necessary  to  enable 
the  Comptroller  to  determine  whether  such  association  is  lawfully 
entitled  to  commence  the  business  of  banking  under  this  act. 

Sec.  19.  That  all  transfers  of  United  States  bonds  which  shall 
be  made  by  any  association  under  the  provisions  of  this  act  shall 
be  made  to  the  Treasurer  of  the  United  States  in  trust  for  the  as- 
sociation, with  a  memorandum  written  or  printed  on  each  bond, 
and  signed  by  the  cashier  or  some  other  officer  of  the  association 
making  the  deposit,  a  receipt  therefor  to  be  given  to  said  associa- 
tion, or  by  the  Comptroller  of  the  Currency,  or  by  a  clerk  appointed 
by  him  for  that  purpose,  stating  that  it  is  held  in  trust  for  the 
association  on  whose  behalf  such  transfer  is  made,  and  as  a  se- 
curity for  the  redemption  and  payment  of  any  circulating  notes 
that  may  have  been  or  may  be  delivered  to  such  association.  No 
assignment  or  transfer  of  any  such  bonds  by  the  Treasurer  shall 
be  deemed  valid  or  of  binding  force  and  effect  unless  counter- 
signed by  the  Comptroller  of  the  Currency.  It  shall  be  the  duty 
of'^the  Comptroller  of  the  Currency  to  keep  in  his  office  a  book  in 
which  shall  be  entered  the  name  of  every  association  from  whose 
accounts  such  transfer  of  bonds  is  made  by  the  Treasurer,  and  the 
name  of  the  party  to  whom  such  transfer  is  made;  and  the  par 
value  of  the  bonds  so  transferred  shall  be  entered  therein;  and  it 
shall  be  the  duty  of  the  Comptroller,  immediately  upon  co^inter- 
signing  and  entering  the  same,  to  advise  by  mail  the  assor'^tion 
from  whose  account  such  transfer  was  made  of  the  kind  aiv4  nu- 


HISTORY  OF  THE  NATIONAL  BANKS.  521 

merical  designation  of  the  bonds  and  the  amount  thereof  so  trans- 
lerred. 

Sec.  21.  That  upon  the  transfer  and  delivery  of  bonds  to  the 
Ti-easurer,  as  provided  in  the  foregoing  section,  the  association 
making  the  same  shall  be  entitled  to  receive  from  the  Comptroller 
of  the  Currency  circulating  notes  of  different  denominations,  in 
blank,  registered  and  countersigned,  as  hereinafter  provided,  equal 
in  amount  to  ninety  per  centum  of  the  current  market  value  of 
tHe  United  States  bonds  so  transferred  and  delivered,  but  not  ex- 
ceeding ninety  per  centum  of  the  amount  of  said  bonds  at  the  par 
value  thereof,  it  bearing  interest  at  a  rate  not  less  than  five  per 
centum  per  annum;  and  the  amount  of  such  circulating  notes  to 
be  furnished  to  each  association  shall  be  in  proportion  to  its 
paid-up  capital  as  follows,  and  no  more:  To  each  association 
whose  capital  shall  not  exceed  five  hundred  thousand  dollars 
ninety  per  centum  of  such  capital;  to  each  association  whose 
capital  exceeds  five  hundred  thousand  dollars,  but  does  not  ex- 
ceed one  million  dollars,  eighty  per  centum  of  such  capital;  to 
each  association  whose  capital  exceeds  one  million  dollars,  but 
does  not  exceed  three  millions  of  dollars,  seventy-five  per  ceitum 
ot  such  capital ;  to  each  association  whose  capital  exceeds  three 
millions  of  dollars,  sixty  per  centum  of  such  capital.   And  that  one 
hundred  and  fifty  millions  of  dollars  of  the  entire  amount  of  cir- 
culating  notes  authorized  to  be  issued  shall  be  apportioned  to  as- 
sociations m  the  States,  in  the  District  of  Columbia,  and  in  the 
Territories,  according  to  representative  population,  and  the  re- 
mainder shall  be  apportioned  by  the  Secretary  of  ihe  Treasury 
among  associations  formed  in  the  several  States,  in  the  District 
of  Columbia,  and  in  the  Territories,  having  due  regard  to  the  ex- 
isting banking  capital,  resources,  and  business  of  such  State,  Dis- 
trict,^ and  Territory.    (Act  as  amended  and  approved,  March  .8, 

^  Sec  22.  That  the  entire  amount  of  notes  for  circulation  to  be 
issued  under  this  act  shall  not  exceed  three  hundred  millions  of 
dollars.  In  order  to  furnish  suitable  notes  for  circulation,  the 
Comptroller  of  the  Currency  is  hereby  authorized  and  required, 
under  the  direction  of  the  Secretary  of  the  Treasury,  to  cause  plates 
and  dies  to  be  engraved,  m  the  best  manner,  to  guard  against  coun- 
terteitmg  and  fraudulent  alterations,  and  to  have  printed  there- 
trom,  and  numbered,  such  quantity  of  circulating  notes,  in  blank 
ot  the  denominations  of  one  dollar,  two  dollars,  three  dollars  five  dol- 
lars, ten  dollars  twenty  dollars,  fifty  dollars,  one  hundred  dollars 
five  hundred  dollars,  and  one  thousand  dollars,  as  may  be  required 
to  supply  under  this  act,  the  associations  entitled  to  receive  the 
same ;  whiph  notes  shall  express  upon  their  face  that  they  are  se- 
ij''^.  }l  J"'^^^  ^^""^^^  deposited  with  the  Treasurer  of  the 

United  btates  by  the  written  or  engraved  signatures  of  the  Treasurer 
and  Register,  and  by  the  imprint  of  the  seal  of  the  Treasury;  and 

44 


522 


HISTORY  OF  THE  NATIONAL  BANKS. 


Bliall  also  express  upon  their  face  the  promise  of  the  association 
receiving  the  same  to  pay  on  demand,  attested  by  the  signaiures 
of  the  president  or  vice-president  and  cashier.  And  the  said  notes 
shall  bear  such  devices  and  such  other  statements,  and  shall  be  in 
such  form  as  the  Secretary  of  the  Treasury  shall,  by  regulation, 
direct:  Provided,  That  not  more  than  one-sixth  part  of  the  notes 
furnished  to  an  association  shall  be  of  a  less  denomination  than 
five  dollars,  and  that  after  specie  payments  shall  be  resumed  no 
i&dociation  shall  be  furnished  with  notes  of  a  less  denomination 
than  five  dollars. 

Sec.  23.  That  after  any  such  association  shall  have  caused  its 
promise  to  pay  such  notes  on  demand  to  be  signed  by  the  presi- 
dent or  vice-president,  and  cashier  thereof,  in  such  manner  as  to 
make  them  obligatory  promissory  notes,  payable  on  demand,  at  its 
place  of  business,  such  association  is  hereby  authorized  to  issue 
and  circulate  the  same  as  money  ;  and  the  same  shall  be  received 
at  par  in  all  parts  of  the  United  States  in  payment  of  taxes,  ex- 
cises, public  lands,  and  all  other  dues  to  the  United  States,  except 
for  duties  on  imports ;  and  also  for  all  salaries  and  other  debts 
and  demands  owing  by  the  United  States  to  individuals,  corpora- 
tions, and  associations  within  the  United  States,  except  interest 
on  the  public  debt,  and  in  redemption  of  the  national  currency. 
And  no  such  association  shall  issue  post  notes  or  any  other  notes 
to  circulate  as  money  than  such  as  are  authorized  by  the  foregoing 
provisions  of  this  act. 

Sec.  24.  That  it  shall  be  the  duty  of  the  Comptroller  of  the  Cur- 
rency to  receive  worn-out  or  mutilated  circulating  notes  issued  by 
any  such  banking  association,  and  also,  on  due  proof  of  the  destruc- 
tion of  any  such  circulating  notes,  to  deliver  in  place  thereof  to  such 
association  other  blank  circulating  notes  to  an  equal  amount.  And 
Buch  worn-out  or  mutilated  notes,  after  a  memorandum  shall  have 
been  entered  in  the  proper  books,  in  accordance  with  such  regula- 
tions as  may  be  established  by  the  Comptroller,  as  well  as  all  circu- 
lating notes  which  shall  have  been  paid  or  surrendered  to  be  can- 
celed, shall  be  burned  to  ashes  in  the  presence  of  four  persons,  one  to 
be  appointed  by  the  Secretary  of  the  Treasury,  one  by  the  Comptrol- 
ler of  the  Currency,  one  by  the  Treasurer  of  the  United  States,  and 
one  by  the  association,  und^r  such  regulations  as  the  Secretary  of 
the  Treasury  may  prescribe.  And  a  certificate  of  such  biirning, 
signed  by  the  parties  so  appointed,  shall  be  made  in  the  books  of 
the  Comptroller,  and  a  duplicate  thereof  forwarded  to  the  associa- 
tion  whose  notes  are  thus  cancelled. 

Sec.  26.  That  the  bonds  transferred  to  and  deposited  with  the 
Treasurer  of  the  United  States,  as  hereinbefore  provided,  by  any 
banking  association  for  the  security  of  its  circulating  notes,  shall 
be  held  exclusively  for  that  purpose,  until  such  notes  shall  be  re- 
leemed,  except  as  provided  in  this  act;  but  the  Comptroller  of  the 
'urrency  shall  give  to  any  such  banking  association  powers  of  at- 


HISTORY  OF  THE  NATIO.VAL  BANKS.  52' 


torner  to  receive  and  appropriate  to  its  own  use  the  interest  on  the 
bonds  whicn  It  shall  have  so  transferred  to  the  Treasurer;  but  such 
powers  shall  become  inoperative  whenever  such  banking  associa- 
tion shall  fail  to  redeem  its  circulating  notes  as  aforesaid  When- 
ever the  market  or  cash  value  of  any  bonds  deposited  with  the 
ireasurer  of  the  United  States,  as  aforesaid,  shall  be  reduced  below 
the  amount  of  the  circulation  issued'for  the  same,  the  Comptroller 
t>t  the  Currency  is  hereby  authorized  to  demand  and  receive  the 
amount  of  such  depreciation  in  other  United  States  bonds  at  cash 
vame.  or  m  money,  from  the  association  receiving  said  bil^  to  be 
deposited  with  the  Treasurer  of  the  Unued  States^  as  long  as  such 
depreciation  continues.    And  said  Comptroller,  upon  the  terms 
prescribed  by  the  Secretary  of  the  Treasurv,  mav  permit  an  ex- 
change  to  be  made  of  any  of  the  bonds  deposited  with  the  Treasurer 
by  an  association  for  other  bonds  of  the  United  States  authorized 
by  this  act  to  be  received  as  securiry  for  circulating  notes:  Pro- 
vided that  the  remaining  bonds  which  shall  have  been  transferred 
by  the  banking  association  offering  to  surrender  circulating  notes 
shall  be  equal  to  the  amount  required  for  the  circulating  notes 
not  surrendered  by  such  banking  association,  and  that  the  amount 
of  bonds  m  the  hands  of  the  Treasurer  shall  not  be  diminished  be- 
low the  amount  required  to  be  kept  on  deposit  with  him  by  this 
act:  And  provided  That  there  shall  have  been  no  failure  by^uch 
association  to  redeem  its  circulating  notes,  and  no  other  violation 
by  such  association  of  the  provisions  of  this  act.  and  that  the  mar- 
ket or  cash  value  of  the  remaining  bonds  shall  not  be  below  the 
amount  required  for  the  circulation  issued  for  the  same 

Sec.  2..  That  it  shall  be  unlawful  for  anv  officer  acting  under  the 
provisions  of  this  act  to  countersign  or  deliver  to  anv  association 
or  to  any  other  company  or  person,  any  circulating  notes  contem- 
plated by  this  act,  except  as  hereinbefore  provided,  and  in  accord- 
ance with  the  true  intent  and  meaning  of  this  act 

Sec.  ^8.  That  it  shall  be  lawful  for  any  such  association  to 
purchase,  hold,  and  convey  real  estate  as  follows : 

First.  Such  as  shall  be  necessary  for  its  immediate  accommoda- 
tion m  the  transaction  of  its  business. 

Second.  ,  Such  as  shall  be  mortgaged  to  it  in  good  faith  bv  way 
ot  security  for  debts  previously  contracted. 

Third.  Such  as  shall  be  conveyed  to  it  in  satisfaction  of  debts 
previously  contracted  in  the  course  of  its  dealin^rq 

Fourth.  Such  as  it  shall  purchase  at  sales  under  judo-ments  de- 
crees, or  mortgages  held  by  such  association,  or  shall  purchase  to 
secure  debts  due  to  said  association.  ' 

Such  association  shall  not  purchase  or  hold  real  estate  in  any 
other  case  or  for  any  other  purpose  than  as  specified  in  this  sec- 
tion. .Nor  shal  it  hold  the  possession  of  anv  real  estate  under  mort- 
gage, or  hold  the  title  and  possess-ion  of  any  real  estate  purchased 
to  secure  any  debts  due  to  it  for  a  longer  period  than  five  years" 


524 


HISTORY  OF  THE  NATIONAL  BANKS. 


Sec.  29.  That  the  total  liabilities  to  any  association,  of  any  per-  . 
son,  or  of  any  company,  corporation,  or  firm  for  money  borrowed, 
including  in  the  liabilities  of  a  company  or  firm  the  liabilities  of 
the  several  members  thereof,  shall  at  no  time  exceed  one-tenth 
part  of  the  amount  of  the  capital  stock  of  such  association  actually 
paid  in :  Provided.,  That  the  discount  of  bona  fide  bills  of  exchange 
drawn  against  actually  existing  values,  and  the  discount  of  com- 
mercial or  business  paper  actually  owned  by  the  person  or  persons, 
corporation,  or  firm  negotiating  the  same  shall  not  be  considered  as 
money  borrowed. 

Sec.  30.  That  every  association  may  take,  receive,  reserve,  and 
charge  on  any  loan  or  discount  made,  or  upon  any  note,  bill  of  ex- 
change, or  other  evidences  of  debt,  interest  at  the  rate  allowed  by 
the  laws  of  the  State  or  Territory  where  the  bank  is  located,  and 
no  more,  except  that  where  by  the  laws  of  any  State  a  different 
rate  is  limited  for  banks  of  issue  organized  under  State  laws,  the 
rate  so  limited  shall  be  allowed  for  associations  organized  in  any 
such  State  under  this  act.  And  when  no  rate  is  fixed  by  the  laws 
of  the  State  or  Territory,  the  bank  may  take,  receive,  reserve,  or 
charge  a  rate  not  exceeding  seven  per  centum,  and  such  interest 
may  be  taken  in  advance,  reckoning  the  days  for  which  the  note, 
bill,  or  other  evidence  of  debt  has  to  run.  And  the  knowingly 
taking,  receiving,  reserving,  or  charging  a  rate  of  interest  greater 
than  aforesaid  shall  be  held  and  adjudged  a  forfeiture  of  the  en- 
tire interest  which  the  note,  bill,  or  other  evidence  of  debt  carries 
with  it,  or  which  has  been  agreed  to  be  paid  thereon.  And  in  case 
a  greater  rate  of  interest  has  been  paid,  the  person  or  persons  pay- 
ing the  same,  or  their  legal  representatives,  may  recover  back,  in 
any  action  of  debt  twice  the  amount  of  the  interest  thus  paid  from 
the  association  taking  or  receiving  the  same:  Provided.,  That  such 
action  is  commenced  within  two  years  from  the  time  the  usurious 
transaction  occurred.  But  the  pui-chase,  discount,  or  sale  of  a  bona 
fide  bill  of  exchange,  payable  at  another  place  than  the  place  of 
Buch  purchase,  discount,  or  sale,  at  not  more  than  the  current  rate 
of  exchange  for  sight  drafts,  in  addition  to  the  interest,  shall  not 
be  considered  as  taking  or  receiving  a  greater  rate  of  interest. 

Sec.  31.  That  every  association  in  the  cities  hereinafter  named 
shall,  at  all  times,  have  on  hand,  in  lawful  money  of  the  United 
States,  an  amount  equal  to  at  least  twenty-five  per  centum  of  the 
aggregate  amount  of  its  notes  in  circulation  and  its  deposits;  and 
every  other  association  shall,  at  all  times,  have  on  hand,  in  lawful 
money  of  the  United  States,  an  amount  equal  to  at  least  fifteen 
per  centum  of  the  aggregate  amount  of  its  notes  in  circulation  and 
of  its  deposits.  And  whenever  the  lawful  money  of  any  associa- 
tion in  any  of  the  cities  hereinafter  named  shall  be  below  the 
amount  of  twenty-five  per  centum  of  its  circulation  and  deposits, 
and  whenever  the  lawful  money  of  any  other  association  shall  be 
below  fifteen  per  centum  of  its  circulation  and  deposits,  such  as- 


\ 


HISTORY  OF  THE  NATIONAL  BANKS. 


525 


Bociation  shall  not  increase  its  liabilities  by  making  any  new 
loans  or  discounts,  otherwise  than  by  discounting  or  purchasing 
bills  of  exchange  payable  at  sight,  nor  make  any  dividend  of  it8 
profits  until  the  required  proportion  between  the  aggregate  amount 
of  its  outstanding  notes  of  circulation  and  deposit's  and  its  lawful 
money  of  the  United  States  shall  be  restored:  Provided,  That  three- 
fifths  of  said  fifteen  per  centum  may  consist  of  balances  due  to  an  as- 
sociation available  for  the  redemption  of  its  circulating  notes  from 
associations  approved  by  the  Comptroller  of  the  Currency,  organized 
under  this  act,  in  the  cities  of  Saint  Louis,  Louisville,  Chicago,  De- 
troit, Milwaukee,  Xew  Orleans,  Cincinnati,  Cleveland.  Pittsburg, 
Baltimore,  Philadelphia,  Boston,  New  York,  Albany,  Leavenworth^ 
San  Francisco,  and  Washington  City:  Provided,  ffZ.50,'That  clearing- 
liouse_  certificates,  representing  specie  or  lawful  money  specialfy 
deposited  for  the  purpose  of  any  clearing-house  association,  shall 
be  deemed  to  be  lawful  money  in  the  possession  of  any  association 
belonging  to  such  clearing-house  holding  and  owning  such  certifi- 
cate,, and  shall  be  considered  to  be  a  part  of  the  lawful  money 
which  such  association  is  required  to  have  under  the  foregoing 
provisions  of  this  section  :  Provided,  That  the  cities  of  Charleston 
and  Eichmond  may  be  added  to  the  list  of  cities  in  the  national 
associations,  of  which  other  associations  may  keep  three-fifths  of 
their  lawful  money,  whenever,  in  the  opinion  of  the  Comptroller 
of  the  Currency,  the  condition  of  the  Southern  States  will  war- 
rant it.  And  it  shall  be  competent  for  the  Comptroller  of  the 
Currency  to  notify  any  association,  whose  lawful  money  reserve  as 
aforesaid  shall  be  below  the  amount  to  be  kept  on  hand  as  afore- 
said, to  make  good  such  reserve;  and  if  such  association  shall  fail 
for  thirty  days  thereafter,  so  as  to  make  good  its  reserve  of  law- 
ful money  of  the  United  States,  the  Comptroller  may.  with  the 
concurrence  of  the  Secretary  of  the  Treasury,  appoint  a  receiver 
to  wind  up  the  business  of  such  association,  as  provided  in  this 
act. 

Sec.  32.  That  each  association  organized  in  any  of  the  cities 
named  in  the  foregoing  section  shall  select,  subject  to  the  appro- 
val of  the  Comptroller  of  the  Currency,  an  association  in  the  city 
of  New  York,  at  which  it  will  redeem  its  circulating  notes  at  par. 
And  each  of  such  associations  may  keep  one-half  of  its  lawful 
money  reserve  in  cash  deposits  in  the  city  of  Xew  York.  And 
each  association,  not  organized  within  the  cities  named  in  the 
preceding  section,  shall  select,  subject  to  the  approval  of  the  Comp- 
troller of  the  Currency,  an  association  in  either  of  the  cities  named 
in  the  preceding  section,  at  which  it  will  redeem  its  circulating 
notes  at  par.  And  every  association  formed  or  existing  under  the 
provisions  of  this  act  shall  take  and  receive  at  par,  for  any  debt  or 
liability  to  said  association,  any  and  all  notes  or  bills  issued  by 
any  association  existing  under  and  by  virtue  of  this  act. 

Sec.  85.  That  no  association  shall  make  any  loan  or  discount  on 


526 


HIi9T0RY  OF  THE  NATIONAL  BANKS. 


the  security  of  the  shares  of  its  own  capital  stock,  nor  be  the  pur- 
chaser or  holder  of  any  such  shares,  unless  such  security  or  pur- 
chase shall  be  necessary  to  prevent  loss  upon  a  debt  previously 
contracted  in  good  faith;  and  stock  so  purchased  or  acquired,  shall, 
within  six  months  from  the  time  of  its  purch.ise,  be  sold  or  dis- 
posed of  at  public  or  private  sale,  in  default  of  which  a  receiver 
may  be  appointed  to  close  up  the  business  of  the  association,  ac- 
cording to  the  provisions  of  this  act. 

Sec.  36.  That  no  association  shall,  at  any  time,  be  indebted,  or  in 
any  way  liable,  to  an  amount  exceeding  its  capital  stock  at  such 
time  actually  paid  in  and  remaining  undiminished  by  losses  or 
otherwise,  except  on  the  following  accounts;  that  is  to  say: 

First.  On  account  of  its  notes  of  circulation. 

Second.  On  account  of  moneys  deposited  with,  or  collected  by, 
such  association. 

Third.  On  account  of  bills  of  exchange  or  drafts  drawn  against 
money  actually  on  deposit  to  the  credit  of  such  association,  or  due 
thereto. 

Fourth.  On  account  of  liabilities  to  its  stockholders  for  dividends 
and  reserved  profits. 

Sec.  3.7.  That  no  association  shall,  either  directly  or  indirectly, 
pledge  or  hypothecate  any  of  its  notes  of  circulation,  for  the  pur- 
pose of  procuring  money  to  be  paid  in  on  its  capital  stock,  or  to  be 
used  in  its  banking  operations,  or  otherwise ;  nor  shall  any  asso- 
ciation use  its  circulating  notes,  or  any  part  thereof,  in  any  man- 
ner or  form,  to  create  or  increase  its  capital  stock. 

Sec.  38.  That  no  association  or  any  member  thereof,  shall,  during 
the  time  it  shall  continue  its  banking  operations,  withdraw,  or  per- 
mit to  be  withdrawn,  either  in  forms  of  dividends  or  otherwise, 
any  portion  of  its  capital.  And  if  losses  shall  at  any  time  have 
been  sustained  by  any  such  association  equal  to  or  exceeding  its 
dividend  profits  then  on  hand,  no  dividend  shall  be  made ;  and  no 
dividend  shall  ever  be  made  by  any  association  while  it  shall  con- 
tinue its  banking  operations,  to  an  amount  greater  than  its  net 
profits  then  on  hand,  deducting  therefrom  its  losses  and  bad  debts. 
And  all  debts  due  to  any  association  on  which  interest  is  past 
due  and  unpaid  for  a  period  of  six  months,  unless  the  same  shall 
be  well  secured,  and  shall  be  in  process  of  collection,  shall  be 
considered  bad  debt,  within  the  meaning  of  this  act:  Provided^ 
That  nothing  in  this  section  shall  prevent  the  reduction  of  the 
capital  stock  of  the  association  under  the  thirteenth  section  of  this 
act. 

Sec.  39.  That  no  association  shall  at  any  time  pay  out  on  loans 
or  discounts,  or  in  purchasing  drafts  or  bills  of  exchange,  or  in 
payment  of  deposits,  or  in  any  other  mode  pay  or  put  in  circulation 
the  notes  of  any  bank  or  banking  association  which  shall  not,  at 
any  such  time,  be  receivable,  at  par  on  deposit  and  in  payment  of' 
debts  by  the  association  so  paying  out  or  circulating  such  notes, 


HISTORY  OF  THE  NATIONAL  BANKS. 


527 


'Dor  shall  it  knowingly  pay  out  or  put  in  circulation  any  notM 
\ssued  by  any  bank  or  banking  association,  which,  at  the  time  of 
such  paying  out  or  putting  in  circulation,  is  not  redeeming  its  cir- 
cul.aing  notes  in  lawful  money  of  the  United  States. 

Sec.  41.  And  in  lieu  of  all  existing  taxes,  every  association  shall 
pay  to  the  Treasurer  of  the  United  States,  in  the  months  of  Janu- 
ary and  J  uly,  a  duty  of  one-half  of  one  per  centum  each  half  year 
from  and  after  the  first  day  of  January,  eighteen  hundred  and 
eixty-four,  upon  the  average  amount  of  its  notes  in  circulation,  and 
a  duty  of  one-quarter  of  one  per  centum  each  half  year  upon  the 
average  amount  of  its  deposits,  and  a  duty  of  one  quarter  of  one 
per  centum  each  half  year,  as  aforesaid,  on  the  average  amount  of 
Its  capital  stock  beyond  the  amount  invested  in  United  Statea 
bonds.  And  it  shall  be  the  duty  of  each  association,  within  ten 
days  from  the  first  days  of  January  and  July  of  each  year,  to  make 
a  return  under  the  oath  of  its  president  or  cashier,  to  the  Treas- 
urer of  the  United  States,  in  such  form  as  he  may  prescribe,  of  the 
average  amount  of  its  notes  in  circulation,  and  of  the  average 
amount  of  its  deposits,  and  of  the  average  amount  of  its  capital 
Btock  beyond  the  amount  invested  in  United  States  bonds,  for  the 
,  Bix  months  next  preceding  said  first  days  of  January  and  July  as 
aforesaid :  Provided,  That  nothing  in  this  act  shall  be  construed  to 
prevent  all  the  shares  in  any  of  the  said  associations,  held  by  any 
person  or  body  corporate  from  being  included  in  the  valuation  of 
the  personal  property  of  such  person  or  corporation  in  the  assess- 
ment of  taxes  imposed  by  or  under  State  authority  at  the  place 
where  such  bank  is  located,  and  not  elsewhere,  but  not  at  a  greater 
rate  than  is  assessed  upon  other  moneyed  capital  in  the  hands  of 
individual  citizens  of  such  State  :  Provided  further,  That  the  tax  so 
imposed  under  the  laws  of  any  State  upon  the  shares  of  any  of  the 
associations  authorized  by  this  act  shall  not  exceed  the  rate  im- 
posed upon  the  shares  in  any  of  the  banks  organized  under  author- 
ity of  the  State  where  such  association  is  located  :  Provided,  also, 
That  nothing  in  this  act  shall  exempt  the  real  estate  of  associations 
from  either  State,  county,  or  municipal  taxes  to  the  same  extent 
according  to  its  value,  as  other  real  estate  is  taxed.  ' 

Sec.  42.  That  any  association  may  go  into  liquidation  and  be 
closed  by  the  vote  of  its  shareholders  owning  two-thirds  of  its  stock. 
And  whenever  such  vote  shall  be  taken  it  shall  be  the  duty  of  the 
board  of  directors  to  cause  notice  of  this  fact  to  be  certified,  un- 
der the  seal  of  the  association,  by  its  president  or  cashier,  to  the 
Comptroller  of  the  Currency,  and  publication  thereof  to  be  made 
for  a  period  of  two  months  in  a  newspaper,  published  in  the  city 
of  New  York,  and  also  in  a  newspaper  published  in  a  city  or  town 
in  which  the  association  is  located ;  and  one  year  after  that  time 
the  outstanding  notes  of  said  association  shall  be  redeemed  at  the 
Treasury  of  the  United  States,  and  the  said  association  and  the 
Shareholders  thereof  shall  be  discharged  from  all  liabilities  therefor 


528 


HISTORY  or  THE  NATIONAL  BANKS. 


Sec.  44.  That  any  bank  incorporated  by  special  law,  or  any 
banking  institution  organized  under  a  general  law  of  any  State, 
may,  by  authority  of  this  act,  become  a  national  association  under 
its  provisions,  by  the  name  prescribed  in  its  organization  certifi- 
cate ;  and  in  such  case  the  articles  of  association  and  the  organi- 
zation certificate  required  by  this  act  may  be  executed  by  a  ma- 
jority of  the  directors  of  the  bank  or  banking  institution;  and 
said  certificate  shall  declare  that  the  owners  of  two-thirds  of  the 
capital  stock  shall  have  authorized  the  directors  to  make  such 
certificate  and  to  change  and  convert  the  said  bank  or  banking 
institution  into  a  national  association  under  this  act.  And  a  ma- 
jority of  the  directors,  after  executing  said  articles  of  association 
and  organization  certificate,  shall  have  power  to  execute  all  other 
papers,  and  to  do  whatever  may  be  required  to  make  its  organiza- 
tion perfect  and  complete  as  a  national  association.  The  shares 
of  any  such  bank  may  continue  to  be  for  the  same  amount  each  as 
they  were  before  said  conversion,  and  the  directors  aforesaid  may 
oe  the  directors  of  the  association  until  others  are  elected  or  ap- 
pointed in  accordance  with  the  provisions  of  this  act ;  and  any 
State  bank  which  is  a  stockholder  in  any  other  bank,  by  authority 
of  State  laws,  may  continue  to  hold  its  stock,  although  either  bank, 
or  both,  may  be  organized  under  and  have  accepted  the  provi- 
sions of  this  act.  When  the  Comptroller  shall  give  to  such  asso- 
ciation a  certificate,  under  his  hand  and  official  seal,  that  the 
provisions  of  this  act  have  been  complied  with,  and  that  it  is  au- 
thorized to  commence  the  business  of  banking  under  it,  the  asso- 
ciation shall  have  the  same  powers  and  privileges,  and  shall  be 
subject  to  the  same  duties,  responsibilities  and  rules,  in  all  respects 
as  are  prescribed  in  this  act  for  other  associations  organized  under 
it,  and  shall  be  held  and  regarded  as  an  association  under  this 
act :  Provided^  however^  That  no  such  association  shall  have  a  less 
capital  than  the  amount  prescribed  for  banking  associations  un- 
der this  act. 

Seo.  45.  That  all  associations  under  this  act,  when  designated 
for  that  purpose  by  the  Secretary  of  the  Treasury,  shall  be  depos- 
itaries of  public  money,  except  receipts  from  customs,  under  such 
regulations  as  may  be  prescribed  by  the  Secretary ;  and  they  may 
also  be  employed  as  financial  agents  of  the  Government ;  and  they 
shall  perform  all  such  reasonable  duties,  as  depositaries  of  public 
moneys  and  financial  agents  of  the  Government,  as  ma;y  be  re- 
quired of  them.  And  the  Secretary  of  the  Treasury  shall  .^'equire 
of  the  associations  thus  designated  satisfactory  security,  by  the 
deposit  of  United  States  bonds  and  otherwise,  for  the  safe  keeping 
and  prompt  payment  of  the  public  money  deposited  with  them, 
and  for  the  faithful  performance  of  their  duties  as  financial  agents 
of  the  Government :  Provided^  That  every  association  which  shall 
be  selected  and  designated  as  receiver  or  depositary  o'^  the  pub- 
lic money,  shall  take  and  receive  at  par  all  of  the  u-^cional  our- 


HISTORY  OF  THE  NATIONAL  BANKS. 


529 


rency  bills,  by  whatever  association  issued,  which  have  been 
paid  in  to  the  Government  for  internal  revenue,  or  for  loans  or 
stocks. 

Sec.  46.  That  if  any  such  association  shall  at  any  time  fail  to 
redeem,  in  the  lawful  money  of  the  United  States,  any  of  its  cir- 
culating notes,  when  payment  thereof  shall  be  lawfully  demanded 
during  the  usual  hours  of  business,  at  the  ofSce  of  such  association, 
or  at  its  place  of  redemption  aforesaid,  the  holder  may  cause  tho 
same  to  be  protested,  in  one  package,  by  a  notary  public,  unless 
the  president  or  cashier  of  the  association,  whose  notes  are  pre- 
siented  for  payment,  or  the  president  or  cashier  of  the  association 
at  the  place  at  which  they  are  redeemable,  shall  offer  to  waive  de- 
mand and  notice  of  the  protest,  and  shall,  in  pursuance  of  such  of- 
fer, make,  sign,  and  deliver  to  the  party  making  such  demand,  an  ad- 
mission in  writing,  stating  the  time  of  the  demand,  the  amount 
demanded,  and  the  fact  of  the  non-payment  thereof;  and  such  notary 
public,  on  making  such  protest,  or  upon  receiving  such  admission, 
shall  forthwith  forward  such  admission  or  notice  of  protest  to  the 
Comptroller  of  the  Currency,  retaining  a  copy  thereof.  And  after 
such  default,  on  examination  of  the  facts  by  the  Comptroller,  and 
notice  by  him  to  the  association,  it  shall  not  be  lawful  for  the 
associatiou  suffering  the  same  to  pay  out  any  of  its  notes,  discount 
any  notes  or  bills,  or  otharwise  prosecute  the  business  of  banking, 
except  to  receive  and  safely  keep  money  belonging  to  it,  and  to 
deliver  special  deposits.  Provided,  That  if  satisfactory  proof  be 
produced  to  such  notary  public,  that  the  payment  of  any  such 
notes  is  restrained  by  order  of  any  court  of  competent  jurisdiction, 
such  notary  public  shall  not  protest  the  same;  and  when  tho 
holder  of  such  notes  shall  cause  more  than  one  note  or  package  to 
be  protested  on  the  same  day,  he  shall  not  receive  pay  for  more 
than  one  protest. 

^  Sec.  56.  That  all  suits  and  proceedings  arising  out  of  the  pro- 
visions of  this  act,  in  which  the  United  States  or  its  officers  or 
agents  shall  be  parties,  shall  be  conducted  by  the  district  attor- 
neys of  the  several  districts,  under  the  direction  and  supervision 
of  the  Solicitor  of  the  Treasury. 

^  Sec.  57.  That  suits,  actions,  and  proceedings  against  any  asso- 
ciation under  this  act,  may  be  had  in  any  circuit,  district,  or 
territorial  court  of  the  United  States  held  within  the  district  in 
which  such  association  may  be  established ;  or  in  any  State, 
county,  or  municipal  court  in  the  county  or  city  in  which  said 
association  is  located,  having  jurisdiction  in  similar  cases,:  Pro- 
vided, however,  That  all  proceedings  to  enjoin  the  Comptroller  un- 
der this  act  shall  be  had  in  a  circuit,  district,  or  territorial  court 
of  the  United  States,  held  in  the  district  in  which  the  association 
is  located. 

Sec.  58.  That  every  person  who  shall  mutilate,  cut,  deface,  dis- 
figure, or  perforate  with  holes,  or  shall  unite  or  cement  together. 
45 


530 


HISTORY  OP  THE  NATIONAL  BANKS. 


or  do  any  other  thinj;  to  any  bank  bill,  draft,  cote,  or  other  evi- 
dence of  debt,  issued  by  any  such  association,  or  shall  cause  or 
procure  the  same  to  be  done,  with  intent  to  render  such  bank 
bill  draft,  note,  or  other  evidence  of  debt  unfit  to  be  reisf^ued  by 
said  association,  shall,  uyjon  conviction,  forfeit  fifty  dollars  to  the 
associ^uion  who  si. all  be  iujured  thereby,  to  be  recovered  by  ac- 
tion in  any  court  having;  jurisdiction. 

Sec.  til.  That  it  shall  be  the  duty  of  the  Comptroller  of  the  Cur- 
rency to  report  annually  to  Congress  at  the  commenceuieut  of  its 
session —  .  „ 

Firs^  A  summary  of  the  state  and  condition  of  every  asso- 
ciation from  whom  reports  have  been  receive<l  the  preceding  year 
at  the  several  dates  to  which  such  reports  refer,  with  an  ab- 
stract of  the  whole  amount  of  banking  ca^iital  returned  by  them, 
of  the  whole  amount  of  their  d.bts  and  liabilities,  the  amount  of 
c'rculatintr  uotes  outstaiiding,  and  the  total  amount  of  means  and 
resource6,°specifying  the  amount  of  lawful  money  held  by  them 
at  the  times  of^heir  several  rPtmns,  and  such  other  informa- 
tion in  relation  to  said  associations  as,  in  his  judgment  may  be 

"^Sec.*  110.  That  there  shall  be  levied,  collected,  and  paid  a  duty 
of  one  twenty-fourth  of  one  per  centum  each  month  upon  the  aver- 
age amount  of  the  deposits  of  money,  subject  to  payment  by  check 
or  draft,  or  represented  by  certificates  of  deposit  or  otherwise, 
whether  payable  on  demand  or  at  some  future  day,  with  any  per- 
son, bank,  association,  company  or  corporation  engaged  in  the 
business  of  banking;  and  a  duty  of  one  twenty-fourth  of  one  per 
centum  each  month,  as  aforesaid,  upon  the  average  amount  of  the 
capital  of  any  bank,  association,  company  or  corporation,  or  per- 
son engnged  in  the  business  of  banking,  beyond  the  amount  in- 
vested in  United  States  bonds ;  and  a  duty  of  one-twelfth  of  one 
per  centum  each  month  upon  the  average  amount  of  circulatioa 
issued  by  any  bank,  association,  corporation,  company  or  person, 
including  as  circulation  all  certified  checks  and  all  notes  and 
other  obligations  circulated  or  intended  to  circulate,  or  to  be  used 
as  money,  but  not  including  that  in  the  vault  of  the  bank,  or  re- 
deemed and  on  deposit  for  said  bank,  and  an  additional  duty  of 
one-sixth  of  one  per  centum  each  month  upon  the  average  amount 
of  such  circulation,  issued  as  aforesaid,  beyond  the  amount  of 
ninety  per  centum  of  the  capital  of  any  such  bank,  association, 
corporation,  company  or  person,  and  upon  any  amount  of  such 
circulation  beyond  the  average  amount  of  the  circulation  that  had 
been  issued  as  aforesaid  by  any  such  bank,  association,  corpora- 
tion, company  or  person,  for  the  six  months  preceding  the  first 
day  of  July,  eighteen  hundred  and  sixty-four.  And  on  the  first 
Monday  of  August  next,  and  of  each  month  thereafter,  a  true  and 
accurate  return  of  the  amount  of  circulation,  of  deposit  and  of 
capital,  as  aforesaid,  for  the  previous  month,  shall  be  made  and 


HISTORY  OF  THE  NATIONAL  BANKS. 


531 


rendered  in  duplicate  by  each  of  such  banks,  associations,  corpo. 
rations,  companies  or  persons,  to  the  assessor  of  the  district  in 
which  any  such  bank,  association,  corporation  or  company  may  be 
located,  or  in  which  such  person  may  reside,  with  a  declaration 
annexed  thereto,  and  the  Oiith  oi-  affirmation  of  such  person,  or 
the  president  or  cashier  of  such  bank,  association,  corporation  or 
company,  in  such  form  and  manner  as  may  be  prescribed  by  the 
Commissioner  of  Internal  Revenue,  that  the  same  contains  a  true 
and  faithful  statement  of  the  amount  of  circulation,  deposits,  and 
capital,  as  aforesaid,  subject  to  duty  as  aforesaid,  and  shall  trans- 
mit the  duplicate  of  said  return  to  the  Commissioner  of  Internal 
Revenue,  and  within  twenty  days  thereafter  shall  pay  to  the  said 
Commissioner  of  Internal  Revenue  the  duties  hereinbefore  pre- 
scribed upon  the  said  amount  of  circulation,  of  deposits  and  of 
capital,  as  aforesaid. 


History  of  Finances,  Loans,  Bonds, 


Old  debt. 


Treasury  notes  prior  to 
1816. 


Treasury  notes  of  1846. 


Uexican  indemnity. 


Treasury  notes  of  1847. 


Loan  of  1847  


Bounty  land  scrip.. 


Texan  indemnity  stock 


Treasury  notes  of  1857. 


532 


Unclaimed  dividends  upon  debt  created  prior  to  1800,  and 
the  principal  and  interest  of  the  outstanding  debt  cre- 
ated during  the  war  of  1812,  and  up  to  1837. 
The  acts  of  October  12,  1837,  (5  Statutes,  201;)  May  21,  1838, 
(5  Statutes,  228;)  March  31,  1840,  (5  Statutes,  370;)  Feb- 
ruary  15, 1841,  (5  Statutes,  411;)  January  31,  1842,  (5  Stat- 
utes, 469;)  August  31,  1842,  (5  Statutes,  581;)  and  March 
3,  1843,  (5  Statutes,  614;)  authorized  the  issue  of  Treasury 
notes  in  various  amounts,  and  with  interest  at  rates 
named  therein,  from  1  mill  to  6  per  centum  per  annum. 
The  act  of  July  22,  1846,  (9  Statutes,  39;)  authorized  the 
issue  of  Treasury  notes  in  such  sums  as  the  exigencies 
of  the  Government  might  require;  the  amount  out- 
standing at  any  one  time  not  to  exceed  $10,000,000,  to 
bear  Interest  at  not  exceeding  6  per  centum  per  annum, 
redeemable  one  year  from  date.  These  notes  were  re- 
ceivable in  payment  of  all  debts  due  the  United  States, 
including  customs-duties. 
A  proviso  in  the  civil  and  diplomatic  appropriation  act  of 
August  10, 1846,  (9  Statutes,  94,)  authorized  the  payment 
of  the  principal  and  interest  of  the  fourth  and  fifth  in- 
stallments of  the  Mexican  indemnities  due  April  and 
July,  1844,  by  the  issue  of  stocls,  with  interest  at  6  per 
centum,  payable  in  five  years.  ^,     .  , 

The  act  of  January  28,  1847,  (9  Statutes,  118,)  authorized 
the  issue  of  $23,000,000  Treasury  notes,  with  interest  at 
not  exceeding  6  per  centum  per  annum,  or  the  issue  of 
stock  for  any  portion  of  the  amount,  with  interest  at 
6  per  centum  per  annum.  The  Treasury  notes  under 
this  act  were  redeemable  at  the  expiration  of  one  or  two 
years,  and  the  interest  was  to  cease  at  the  expiration 
of  sixty  days'  notice.  These  notes  were  receivable  in 
payment  of  all  debts  due  the  United  States,  including 
customs-duties.  .  .  . 

The  act  of  January  28,  1847,  (9  Statutes,  118,)  authorized 
the  issue  of  $23,000,000  Treasury  notes,  with  interest  at 
not  exceeding  6  per  centum  per  annum,  or  the  issue  of 
stock  for  any  portion  of  the  amount,  with  interest  at 
6  per  centum  per  annum,  re-imbursable  after  December 
31, 1867.  Section  1 4  authorized  the  conversion  of  Treas- 
ury notes  under  this  of  any  preceding  act  mto  like 
stock,  which  accounts  for  the  apparent  overissue. 
The  9th  section  of  the  act  of  rebruary  11, 1847,  (9  Statutes, 
125.)  authorized  the  issue  of  land  warrants  to  soldiers 
of  the  Mexican  war,  or  scrip,  at  the  option  of  the  sol- 
diers, to  bear  6  per  centum  interest  per  annum,  redeem- 
able at  the  pleasure  of  the  Government,  by  notice  from 
the  Treasury  Department,  Interest  ceases  July  1,  1849. 
The  act  of  September  9,  1850,  (9  Statutes,  447,)  authorized 
the  issue  of  $10,000,000  stock,  with  interest  at_5  per  cent- 
um per  annum,  to  the  State  of  Texas,  in  satisfaction  of 
all  claims  against  the  United  States  arising  out  of  the 
annexation  of  the  said  State.  This  stock  was  to  be 
redeemable  at  the  end  of  four  teen  years.  ^,     .  j 

The  act  of  December  23,  1857,  (11  Statutes,  257,)  authorized 
the  issue  of  $20,000,000  in  Treasury  notes,  $6,000,000  with 
interest  at  not  exceeding  6  per  centum  per  annum,  ana 


Legal  Tender  Notes,  etc.,  of  the  Century. 


Length  of 
loan. 


When  re- 
deemable. 


14  2  year 


I  year. 


5  years. 


I  A  2  years 


20  years. 


Indefinite. 


14  years. 


1  year. 


On  demand 


1  &  2  years 
from  date 


1  year  from 
date. 


Rates  of 
interest 


5  and  6  per 
cent 


1  mill  to  6 
per  cent. 


per  cent, 


April  and  5  per  cent.  Par. 
July,  1849. 


Price 

at 
which 
sold. 


Par. 


Par. 


Amonnt  au- 
thorized. 


Jan.  1,  1868 


July  1,  1849, 


Jan.  1,  1865. 


days'  no- 
tice. 


$10,000,000  00 


350,000  00 


Amount  is 
sned. 


After  60  6  per  cent.  Par.  23,000,000  00 
days'  notice 


per  cent 


5  per  cent. 


5  &  5}£  per 
cent. 


Par, 


Par. 


Par. 


,573  92 


23,000,000  00 


ndefinite. 


10,000,000  00 


28,207,000  00 


5,000,000  00 


20,000,000  00 


Amount 
outstanding. 


$57,665  00 
82,675  35 


533 


534 


mSTOEY  OF  FINANCES,  LOANS,  BONDS, 


Loan  of  1858.. 


Loan  of 


Loan  of  February,  1861 
(1681s.) 


Treasury  Notes  of  1861, 


Oregon  war  debt. 


Loan  of  July  and  An 
gust,  1861  (1881s.) 


Old  demand  notes. 


Seven -thirties  of  1861. 


the  remainder  witli  interest  at  the  lowest  rates  offered 
by  bidders,  but  not  exceeding  6  per  centum  ptv  .^nuni. 
These  notes  were  redeemable  at  the  expirati'^n  of  uue 
year,  and  interest  was  to  cease  at  the  expiraiion  of 
sixty  days'  iiutice  after  maturity.  Tliey  were  receivable 
in  payment  of  all  debts  due  the  United  States,  including 
customs-duties. 

The  act  of  June  14.  18o8,  (11  Statutes,  365,)  authorized  a 
loan  of  §20,000,000,  with  interest  at  not  exceeding  5  per 
centum  per  annum.,  and  redeemable  any  time  after 
.January  J,  1874. 

Tlie  act  of  June  22,  1S60,  (12  Statutes,  79.)  authorized  a 
loan  of  §21,000,000,  (to  be  used  in  redemption  of 'freasnry 
notes,)  with  interest  at  not  exceeding  6  per  centum  per 
annum,  redeemable  in  not  less  tliau  ten  nor  more  than 
twenty  years. 

The  act  of  February  8,  1861.  (12  Statutes,  129,)  authorized 
a  loan  of  §25,000,000,  with  interest  at  not  exceedin.i(  6  per 
centum  per  annum,  reimbursable  in  not  less  thiin  ten 
nor  more  than  twenty  years  from  the  date  of  the  act. 
The  act  of  March  2,  1861.  (12  Statutes,  178,)  authorized  a 
loan  of  §10,000,000,  with  interest  at  not  exceeding  6  per 
centum  per  annum,  redeemable  on  three  months'  notice 
after  .July  1,  1871,  and  payable  July  1,  1S81.  If  proposals 
f(jr  the  loan  were  not  satisfactory,  atithority  was  given 
to  issue  the  whole  amount  in  Treasury  notes,  with  in- 
terest at  not  exceeding  6  per  centum  per  annum.  The 
same  act  gave  authority  to  substitute  Treasury  notes 
for  the  whole  or  any  part  of  loans  authorized  at  the 
time  of  the  passage  of  this  act.  These  notes  were  to  be 
received  in  payment  of  all  debts  due  the  United  States, 
including  customs-duties,  and  were  redeemable  at  any 
time  witliii\  two  vears  from  the  date  of  the  act. 

The  actof  JMarch  2,  ISi'.l,  (12  Statutes,  19.-^,)  appropriated 
§2,800,000  for  the  payment  of  expenses  incurred  by  the 
TiaVitories  of  Washington  and  Oregon  in  the  suppres- 
sion of  Indian  hostilities  in  the  years  1855  and  1856. 
Section  4  of  the  act  authorized  the  payment  of  these 
claims  in  bonds  redeemable  in  twenty  years,  with  in- 
terest at  6  per  Ci-iitnm  per  annum. 

The  act  of  July  17,  1861,  ri2  Statutes,  259),  authorized  the 
issue  of  §250,000.000  bonds,  with  interest  at  not  exceeding 
7  per  centum  per  annum,  redeemable  alter  twenty 
years.  The  act  of  August  5,  1861,  (12  Statutes,  331,) 
authorized  the  issue  of  bonds,  with  interest  at  6  per 
centum  per  annum,  payable  after  twenty  years  from 
date,  in  exchange  for  7-;!0  notes  issued  under  the  act  of 
July  17,  1861.  None  of  such  bonds  were  to  be  issued  for 
a  sum  less  tlian  ,^500,  and  the  whole  amount  (-f  them  was 
not  to  exceed  the  wlmle  jimoiint  of  7-30  notes  issued 
under  the  above  act  uf  July  17.  The  amount  issued  in 
exchange  for  7-30s  was  §139.321,200. 

The  act  of  July  17,  18(d,  (12  Statutes,  259,)  authorized  the 
issue  of  §50,000.01  >0  Treasury  notes,  not  bearing  interest, 
of  a  less  denomination  than  fifty  dollars  and  not  less 
than  ten  dollars,  and  payable  on  demand  by  the  assist- 
ant treasurers  at  Philadelphia,  New  York,  or  Boston, 
The  act  of  Ausust  2,  1S61,  (12  Statutes,  313,j  autboiized 
the  issiie  of  tliese  notes  in  denominations  of  five  dollars  ; 
it  also  added  the  assistant  treasurer  at  Saint  Louis  and 
the  designated  depositary  :it  Cincinnati  to  the  places 
where  these  notes  were  made  paj  able.  Tlie  aet  of  Feb- 
ruary 12,  1.S62,  (12  Statutes,  3.3s, ■)  increased  the  amount 
of  demand  notes  authorized  §10.000,000. 

The  act  of  July  17,  1861,  (12  Statutes,  259,)  authorized  a 


LEGAL  TEXDEPv  X0TE5,  ETC.,  OF  THE  CEXTUEY. 


535 


Len^h  of i When  re 
loan.  deemable. 


15  years. 


I  years. 


I  Price 
Eates     ofi  at 
interest,  which 
sold. 


Jan.  1,  ]ir4.  5  per  cent.  Par.     .f2O.0iXi/-0fi  00  $20,000,i 


Jan.  1,  1S71. 


Amount  au- 
thorized. 


Amount  is-  Amount 
sued.  outstanding. 


5  per  cent.  Par 


lOor  20  yrs  Jan.  1,  ISii.  6       cent.  Pa 


2  years. 
50  days. 


10  years.     J uly  1,  IS 


yrs.  after  6  per  cent 
date. 

oOdays  after  6  per  cent, 
date. 


*) years. 


i years. 


Par. 
Par. 


per  cent.  Par. 


July  1,  ISil.  A  per  cent.  Par 


On  demand 


Ansr.  19  and,:  3-10  p.  c. 
Oct.  l,lit>4.1 


Par. 


2i,c>oci,Ot:^  o; 


22.-1  SS.lOfi  CK) 

22.invirMJ0(.. 
12.^^'::.3.■u  (Xj 


1S,41.5,W0  O'.. 


35^4,4.50  00 
35.364,450  00 


f394,CN>D  000 
lO.iDOO  00 

15,415,000  00 

3,150  00 
2.150  OO 


I,0&j,5o-0  OO 


.i0.orio.'n<x)  OO 

1S9.321,200  00 


60,000,000  00 


140,094,750  00 


60,000,000  00 


140,094,750  00 


945,000  00 


189,321,350  OO 


76,732  50 


19,200  00 


536  HISTORY  OF  FINANCES,  LOANS,  BONDS, 


Five-twenties  of  1862., 


Legal  tender  notes. 


Temporary  loan. 


Certificates  of  indebt 
-  edness. 


Fractional  currency... 


loan  of  $2.')0,000,000,  part  of  which  was  to  be  in  Treasury 
notes,  with  interest  at  7  3-10  per  centum  per  annum, 
payable  three  years  after  date. 

The  act  of  February  25,  1862,  (12  Statutes,  34.5,)  authorized 
a  loan  of  $500,000,000,  for  the  purpose  of  fuudiiig  the 
Treasury  notes  and  iloating  debt  of  the  United  States, 
and  the  issue  of  bonds  therefor,  with  interest  at  6  per 
centum  per  annum.  These  bonds  were  redeemable 
after  iive  and  payable  twenty  years  from  date.  The  act 
of  March  3,  1864,  (13  Statutes,  13,)  authorized  an  addi- 
tional issue  of  $11,000,000  of  bonds  to  persons  who  sub- 
scribed for  the  loan  on  or  before  January  21, 1864.  The 
act  of  January  28,  1865,  (13  Statutes,  425,)  authorized  an 
additional  issue  of  $4,000i)00  of  these  bonds  and  their  sale 
in  the  United  States  or  Europe. 

The  act  of  February  25,  1S62,  (12  Statutes,  345,)  authorized 
the  issue  of  $150,000,000  United  States  notes,  not  bearing 
interest,  payable  to  bearer,  at  the  Treasury  of  the  Unit- 
ed States,  and  of  such  denominations,  not  less  than  five 
dollars,  as  the  Secretary  of  the  Treasury  might  deem 
expedient,  $50,000,000  to  be  in  lieu  of  demand  notes  au- 
thorized by  the  act  of  July  17,  1861,— these  notes  to  be  a 
legal  tender.  The  act  of  July  11, 1862,  (12  Statutes,  532,) 
authorized  an  additional  issue  of  $150,000,000  United 
States  Treasury  notes,  of  such  denominations  as  the 
Secretary  of  the  Treasury  might  deem  expedient ;  but 
no  such  note  should  be  for  a  fractional  part  of  a  dollar, 
and  not  more  than  $35,000,000  of  a  lower  denomination 
than  five  dollars  ;— these  notes  to  be  a  legal  tender.  The 
act  of  March  3,  18(i3,  (12  Statutes,  710,)  authorized  an 
additional  issue  of  8150,000,000  United  States  notes,  pay- 
able to  bearer,  of  such  denominations,  not  less  than  one 
dollar,  as  the  Secretary  of  the  Treasury  might  prescribe; 
which  notes  were  made  a  legal  tender.  The  same  act 
limited  the  time  at  which  Treasury  notes  might  be 
exchanged  for  United  States  bonds  to  July  1, 1863.  The 
amount  of  notes  authoi-ized  by  this  act  were  to  be  in 
lieu  of  $100,000,000  authorized  by  the  resolution  of  Janu- 
ary 17,  1863,  (12  Statutes.  822.) 

The  act  of  February  25,  1862,  (12  Statutes,  346,)  authorized 
temporary  loan  deposits  of  $25,000,000  for  not  less  than 
thirty  days,  with  interest  at  5  per  centum  per  annum, 
payable  after  ten  days'  notice.  The  act  of  March  17, 
1862,  (12  Statutes,  370,)  authorized  the  increase  of  tem- 
porary loan  deposits  to  $50,000,000.  The  act  of  July  11, 
1862.  (12  Statutes,  532,)  authorized  a  further  increase  or 
temporary  loan  deposits  to  $100,000,000.  The  act  of  June 
30,  1864,  (13  Statutes,  218,)  authorized  a  further  increase 
of  temporary  loan  deposits  to  not  exceeding  $150,000,000, 
and  an  increase  of  the  rate  of  interest  to  not  exceeding 
6  per  centum  per  annum,  or  a  decrease  of  the  rate  of  in- 
terest on  ten  days'  notice,  as  the  public  interest  might 
require. 

The  act  of  March  1, 1862,  (12  Statutes,  352,)  authorized  the 
issue  of  certificates  of  indebtedness  to  public  creditors 
who  might  elect  to  receive  them,  to  bear  interest  at  the 
rate  of  6  per  centum  per  annum,  and  payable  one  year 
from  date,  or  earlier,  at  the  option  of  the  Government. 
The  act  of  May  17,  1862,  (12  Statutes,  370,)  authorized  the 
issue  of  these  certificates  in  payment  of  disbursing 
officers'  checks.  The  act  of  March  3, 1863,  (12  Statutes, 
710,)  made  the  interest  payable  in  lawful  money. 

The  act  of  July  17,  1862,  (12  Statutes,  592,)  authorized  the 
use  of  postal  and  other  stamps  as  currency,  and  made 
them  receivable  in  payment  of  all  dues  to  the  Unitei 


LEGAL  TENDER  X0TE3,  ETC.,  OF  THE  CEN'TUEY.  537 


Len^h  of 

loan, 


6  or  20  jis 


When  re- 
deemable. 


Rates  of 
interest. 


Price 
at 

which 
sold 


per  cent.  Par. 


Kot  less 
than  3'3 
days. 


1  year. 


On  demand  None. 


After  10 
days'  notice 


Par. 


Amonnt  an 
thorized. 


foi5,c«'>o,0'Ojf)': 


4,  5.  (t  6  pe: 
cent. 


1  year  after  6  per  cent 
date. 


On  present 
ation. 


None. 


Par. 


Par. 


Par. 


Amount 
sned. 


Amount 
outstanding. 


915,420,031  0«; 


150,0'>D,00'3  & 


No  limit. 


50,000,000  OO 


561,755,211  5J 


223,625,663  45 


r3,56O0O 


5,000  00 


45381,29567 


i38  HISTORY  OF  FIITANCES,  LOANS,  BONDS, 


Loan  of  1863., 


Ouo-year  notes  of  1863. 


Two-year  notes  of  1863, 


Coin  certificates. 


Compound  interest 
notes. 


Ten -forties  of] 


Five-twenties  of  March 
lS6t. 


States  less  than  five  dollars.  The  4th  section  of  the  act 
of  March  3,  18t>3,  (12  Statutes,  711  j  authorized  the  issue 
of  fractional  notes  in  lieu  of  postal  and  other  stamps 
and  postal  currency  ;  made  them  exchangeable  in  suma 
not  less  than  three  dollars  for  United  States  notes,  and 
I'eceivable  for  postage  and  revenue  stamps,  and  in  pay- 
nient  of  dues  to  the  United  States,  except  duties  on 
imports,  less  than  five  doU.ars  ;  and  limited  the  amount 
to  150,000,000.  Theoth  section  of  the  act  of  J  uiie  30,  1864, 
(13  Statutes,  220,)  authorized  an  issue  of  $50,000,000  in 
fractional  currency,  and  provided  that  the  whole 
amount  of  these  notes  outstanding  at  any  one  time 
should  not  exceed  this  sum. 

The  act  of  March  3,  1863,  ri2  Statutes,  700,)  authorized  a 
loan  of  §y00,G(J0,000,  and  the  issue  of  bonds,  with  interest 
at  not  exceeding  6  per  centum  per  annum,  and  redeem- 
able  in  not  less  than  ten  nor  more  than  forty  years, 
principal  and  interest  payable  in  coin.  The  act  of  June 
.30,  1864,  (13  Statutes,  219,)  repeals  so  much  of  the  preced- 
ing act  as  limits  the  authority  thereunder  to  the  cur- 
rent fiscal  year,  and  also  repeals  the  authority  alto- 
gether except  as  relates  to  §7.'),000,000  of  bonds  already- 
advertised  for. 

The  act  of  March  3,  186,3,  yV2  Statutes,  710,)  authorized  the 
issue  of  |400,(H)0,000  Treasury  notes,  with  interest  at  not 
exceeding  6  per  centum  per  anniim,  redeen)able  in  not 
more  than  thi-ee  years,  principal  and  interest  payable  in 
lawful  money,  to  be  a  legal  tender  for  their  face  value. 

The  act  of  March  3,  1863,  (12  Statutes,  7)0,)  authorized  the 
issue  of  §400,000, 0(X)  Treasury  notes,  with  interest  at  not 
exceeding  6  per  centum  per  annum,  redeemable  in  not 
more  than  three  years,  principal  and  interest  payable 
in  lawful  money,  to  be  a  legal  tender  for  their  face 
value. 

The  5th  section  of  the  act  of  March  3,  1863,  (12  Statutes, 
711,)  authorized  the  deposit  of  gold  coin  and  bullion 
with  the  Treasitrer  or  any  assistant  treasurer,  in  suma 
not  less  than  twenty  dollars,  and  the  issue  of  certifi- 
cates therefor  in  denominations  the  same  as  United 
States  notes;  also  authorized  the  issue  of  these  certifi- 
cates in  payment  of  interest  on  the  public  debt.  It 
limits  the  amount  of  them  to  not  more  than  20  per 
centum  of  the  amount  of  coin  and  bullion  in  the  Treas- 
ury, and  directs  their  receipt  in  payment  for  duties  on 
imports. 

he  act  of  March  3,  1863,  (12  Statutes,  709.)  authorized  the 
issue  of  $400,000,000  Treasury  notes,  with  interest  at  not 
exceeding  6  per  centum  per  annum,  in  laAvful  money, 
payable  not  more  than  three  years  from  date,  and  to  be 
a  legal  tender  for  their  face  value.  The  act  of  June  30, 
1864,  (13  Statutes,  218,)  authorized  the  issue  of  |200,000,- 
000  Treasury  notes,  of  any  denomination  not  less  than 
ten  dollars,  payable  not  more  than  three  years  from 
date,  or  redeemable  at  any  time  after  three  years,  with 
interest  at  not  exceeding  7  3-10  per  centum,  payable  in 
lawful  money  at  maturity,  and  made  thein  a  leggl  ti-n- 
der  for  their  face  value  to  the  same  extent  as  United 
States  notes;  §177,045,770  of  the  amount  issued  was  in 
redemption  of  5  per  cent,  notes. 

The  act  of  March  3, 1864,  (13  Statutes,  13,)  authorized  the 
issue  of  $200,000,000  bonds,  at  not  exceeding  6  per  centum 
per  annum,  redeemable  after  five  and  payable  not  more 
than  forty  years  from  date,  in  coin. 

The  act  of  March  3,  1864,  (13  Statutes,  13.)  authorized  the 
issue  of  $20f),000,000  bonds,  at  not  exceeding  6  per  ceutum 


LEGAL  TENDER  NOTES,  ETC.,  OF  THE  CENTURY. 


539 


mgth  0 
loan. 

'  When  re 
deem  able. 

-  Eiites  0 
interest. 

Price 
t"  at 
whic] 
sold. 

Amount  au 
1  thorized. 

■  Amount  is 
sued. 

-  Amount 
outstanding; 

17  years. 

July  1,  1881. 

6  per  cent. 

age 

preni. 

of4,i;; 

?75,000,000  00 

§75,000,000  00 

§75,000,000  00 

1  year. 

1  year  after 
date. 

5  per  cent. 

Par. 

400,000,000  00 

44,520,000  00 

74,775  00 

2  years. 

2  yrs.  after 
date. 

5  per  cent. 

Par. 

400,000,000  00 

166,480,000  00 

52,850  00 

On  demand 

None. 

Par. 

Indefinite. 

562,776,400  00 

22,825,100  GO 

3  years. 

June  10,1867 
&  May  15, 
1S68. 

6  per  cent., 
compound 

Par. 

400,000,000  00 

266,595,440  00 

415,210  00 

10  or  40  yrs 
^  or  20  yrs. 

March  1, 
1674. 

Nov.  1,  1869. 

5  per  cent. 
5  per  cent. 

Par  to 
'  p.  c. 
prem. 

Par. 

200,000,000  00 

196,117,300  00 
3,882,500  00 

194,-567,300  00 
946.600  Ot 

540 


HISTORY  OF  FINANCES,  LOAIfS,  BONDS, 


Five-twenties  of  June 
18C4. 


Seven-thirties  of  1864  it 
1S65. 


Navj-  pension  fend. 


Five-twenties  of  1865.... 


Consols  of  1865.. 


Consols  3f  1867 


per  annum,  redeemable  after  five  and  payable  not  more 
than  forty  years  from  date,  in  coin. 

The  act  of  June  30,  ISW.  (13  Statutes.  2IS,)  authorized  a 
loan  of  $400,000,000,  and  the  issue  therefor  of  bonds  re- 
deemable at  not  less  than  five  nor  more  than  thirt)"  (or 
forty,  if  deemed  expedient)  years  from  date,  with  inter- 
est at  not  exceeding  6  per  centum  per  annum,  payable 
semi-iuinually  in  coin. 

The  act  of  .June  30,  1864,  (13  Statutes,  218),  authorized  the 
issue  of  $2iK},0AO,0O0  Treasury  uotes.  of  not  less  than  ten 
dollars  each,  payable  at  not  more  than  three  years  from 
date,  or  redeemable  at  any  time  after  tliree  years,  with 
interest  at  not  exceeding  7  3-10  per  centum  per  annum. 
The  act  of  March  3,  1^65.  (13  Statutes,  40s,)  authorized  a 
loan  of  §6O(),WJ0,0O0.  and  the  issue  therefor  of  bonds  or 
Treasury  notes  ;  the  notes  to  be  of  denominations  of 
not  less  than  fifty  dollars,  v»"ith  interest  in  lawful  money 
at  not  more  than  7  3-10  per  centum  per  annum. 

The  act  of  July  1,  1864,  (13  Statutes,  414,)  authorized  the 
Secretary  of  the  Navy  to  invest  in  registered  securities 
of  the  United  States  so  much  of  the  Navy  pension  fund 
in  the  Treasury  January  1  and  July  1  in  each  year  as 
would  not  be  required  for  the  payment  of  naval  pen- 
sions, lection  2  of  the  act  of  July  23,  1668,  (lo  Statutes, 
170,)  Jiiakes  the  interest  on  this  fund  3  per  centum  per 
annum,  in  lawful  i7i(iney.  and  confines  its  use  to  th« 
pa\'ment  of  naval  pensions  exclusively. 

The  act  of  March  3,  K^6.'s  (13  Statutes,  468.)  authorized  the 
issue  of  §61)0,000,000  of  bonds  or  Treasury  notes  in  addi- 
tion to  amounts  previously  authorized;  the  bonds  to 
be  for  not  less  than  fifty  dollars,  payable  not  moi  e  than 
forty  years  from  date  of  issue,  or  after  any  period  not 
less  than  five  years  ;  interest  payable  semi-annually  at 
not  exceeding  6  per  centuiD  pei'  annum  when  in  coin,  or 
7  3-10  per  centum  per  annum  when  in  currency.  In 
addition  to  the  amount  of  bonds  authorized  by  this  act, 
authority  was  also  given  to  convert  Treasury  notes  or 
other  interest-bearing  obligations  into  bonds  author- 
ized by  it.  The  act  of  April  12,  1866,  (14  Statutes,  31.) 
construed  the  above  act  to  authorize  the  Secretary  of 
the  Treasury  to  receive  any  obligations  of  the  United 
States,  whether  bearing  interest  or  not,  in  exchange  tor 
any  bonds  authorized  by  it,  or  to  sell  any  of  such  bonds, 
provided  the  public  debt  is  not  increased  thereby. 

The  act  of  March  3.  1865,  (13  Statutes,  468,)  authorized  the 
issue  of  $600,000,0!XJ  of  bonds  or  Treasury  notes  in  addi- 
tion to  ahiounts  previously  authorized  ;  the  bonds  to  be 
for  not  less  than  fifty  dollars,  payable  not  more  than 
forty  years  from  date  of  issue,  or  after  any  period  not 
less  than  five  years;  interest  payable  semi-annually,  at 
not  exceeding  6  per  centum  per  annum  when  in  coin,  or 
7  3-10  per  centum  per  annum  when  in  currency.  In 
addition  to  the  amount  of  bonds  authorized  by  this  act, 
authority  was  also  given  to  convert  Treasury  notes  or 
other  interest-bearing  obligations  into  bonds  author- 
ized by  it.  The  act  of  April  12.  l-<66,  (14  Statutes,  31,) 
construed  the  above  act  to  authorize  the  Secretary  of 
the  Treasury  to  receive  any  obligations  of  the  United 
States,  whether  bearing  interest  or  not,  in  exchange  for 
any  bonds  authorized  by  it,  or  to  sell  any  of  such  bonds, 
provided  the  public  debt  is  not  increased  thereby. 

The  act  of  March  3,  18&5,  (13  Statute  s,  468.)  authorized  the 
issue  of  |6(X),000,000  of  bonds  or  Treasury  notes  in  addi- 
tion to  amounts  previously  authoi  ized  :  the  bonds  to  b« 
for  not  less  than  fifty  dollars,  payable  not  more  than 


LEGAli  TENDER  NOTES,  ETC.,  OF  THE  CENTURY.       54 J 


Length  of 
loan. 


5or20yrs. 


When  re- 
deemable. 


Nov.  1,1869, 


3  years.  Aug.io,  1S67 
June  15,1868 
July  15,  1868 


Indefinite 


or  20  yrs, 


Rates  of 
interest. 


6  per  cent, 


3-10  p.  c.  Par 


Price 

at 
which 
sold. 


Amount  au- 
thorized. 


Amount  is- 
sued. 


Par.    $400,000,000  00 


Nov.  1, 1870 


a  or  20  yrs.  July  1,  1870, 


Sor  20  prs. 


July  1,  1872. 


per  cent 


6  per  cent. 


Par. 


Par. 


800,000,000  00 


Amount 
outstanding 


$125,561,300  00  §58,046,200  00 


829,992,500  00 


Indefinite.       14,000,000  00 


per  cent 


per  cent. 


203,.327,250  00 


Par.     332,99S,95T  00 


Par. 


379.602,350  00 


203,327,250  00 


228,450  00 


14.000,000  00 


152,534,3.^  00 


332,998,950  00  202,663,100  00 


379,616,050  Of 


310,624,400  00 


642  HISTORY  OF  FINANCES,  LOANS,  BOJirt*, 


Consols  of  1868  


Three  per  cent,  certifi 
cates. 


Certificates  of  indebt 
edness  of  1870. 


Funded  loan  of  1881. 


forty  years  fr<im  date  of  issue,  or  after  any  period  not 
less  than  five  years  ;  interest  payawl«  semi-annually,  at 
not  exceeding  ()  per  centum  per  annum  when  in  coin,  or 
7  3-10  per  centum  per  annum  wWen  in  currency.  In 
addition  to  the  amount  of  bonds  authorized  by  this  act, 
authority  Avas  also  given  to  convert  Treasury  notes  or 
otlier  interest-bearing  obligations  into  bonds  author- 
ized by  it.  The  act  of  April  12,  186(j,  (14  Statutes,  31,) 
construed  the  above  act  to  authorize  the  Secretary  of 
the  Treasury  to  receive  any  obligations  of  the  United 
States,  whether  bearing  interest  or  not,  in  exchange  for 
any  bonds  authorized  by  it,  or  to  sell  any  of  such  bonds, 
provided  the  public  debt  is  not  increased  thereby. 

The  act  of  March  3,  18(35,  C13  Statutes,  468,)  authorized  the 
issue  of  $(iOO, 000,000  of  bonds  or  Treasury  notes  in  addi- 
tion to  amounts  previously  authorized:  the  bonds  to 
be  for  not  less  than  fifty  dollars,  payable  not  more  tlian 
forty  years  from  the  date  of  issue,  or  after  any  period 
not  lees  than  five  dollars  ;  interest  payable  semi-annu- 
ally, at  not  exceeding  6  per  ceulum  per  annnmjwhen  in 
coin,  or  73-10  per  centum  per  aunum  when  in  durrency. 
In  addition  to  the  amount  of  bonds  authorized  by  this 
act,  authority  was  also  given  to  convert  Treasury  notes 
or  other  interest-bearing  obligations  into  bonds  author- 
ized by  it.  The  act  of  April  32,  1866,  (14  Statutes,  31,) 
construed  the  above  act  to  authorize  the  Secretary  of 
the  Treasury  to  receive  any  c  bligations  of  the  United 
States,  whether  bearing  interest  or  not,  in  exchange  for 
any  bonds  authorized  by  it,  or  to  sell  any  of  such  bonds, 
provided  the  public  debt  is  n<n  increased  thereby. 

Uhe  act  of  March  3,  1867,  (14  Stat  utes,  .558,)  authorized  the 
issue  of  lj.50,(}0(),000  in  tempora ry  loan  certificates  of  de- 
posit, with  interest  at  3  per  centum  per  anuum,  payable 
in  lawful  money,  on  demand,  to  be  used  in  redemption 
of  compound  interest  notes.  The  act  of  July  25,  1868, 
(15  Statutes,  183,)  authorized  $25,000,000  additional  of 
these  certificates,  for  the  sole  purpose  of  redeeming 
compound  interest  notes. 

The  act  of  .lulv  8,  1870,  (16  Statutes,  197,)  authorized  the 
issue  of  certificates  of  indebt^idness,  payable  five  years 
after  date,  with  interest  at  4  per  centum  per  annum, 
payable  semi-annually,  principal  and  interest,  in  law- 
ful money,  to  be  hereafter  appropriated  and  provided 
for  by  Congress.  These  certificates  were  issued,  one- 
third  to  the  State  of  Maine  and  two-thirds  to  the  State 
of  Massachusetts,  both  for  the  use  and  benefit  of  the 
European  and  North  American  llailway  Company,  and 
were  in  full  adjustment  and  payment  of  any  and  all 
claims  of  said  States  or  railway  company  for  moneys 
expended,  or  interest  thereon,  by  the  State  of  Massa- 
chusetts on  account  of  the  war  of  1812-15. 

The  act  of  .July  14,1870,  (16  Statutes,  272,)  authorizes  the 
issue  of  $200,000,000  at  5  per  centum,  §300,000,000  at  4^  per 
centum,  and  $1,000,000,000  at  4  per  centum,  principal  and 
interest  payable  in  coin  of  the  present  standard  value, 
at  the  pleasure  of  the  United  States  Government,  after 
ten  years  for  the  5  per  cents,  after  fifteen  years  for  the 
4)4  per  cents,  and  after  thirty  years  for  tlie  4  per  cents  ; 
these  bonds  to  be  exempt  from  the  payment  ol  all  taxes 
or  duties  of  the  United  States,  as  well  as  from  taxation 
in  any  form  by  or  under  State,  municipal,  or  local 
authority.  Bonds  and  coupons  payable  at  the  Treasury 
of  the  United  States.  This  act  not  to  authorize  an 
increase  of  the  bonded  debt  of  the  United  States.  Bonds 
to  be  sold  at  not  less  than  par  in  coin,  and  the  proceeds 


LEGAL  TEI^DEE  NOTES,  ETC.,  OF  THE  CENTURY.  543 


Length  of 
loau. 


Whfii  re- 
deoDiable, 


Kiites  of 
interest. 


SorZUyrs. 


July  1,  1873. 


Price 
at 
M'hich 
sold. 


Indefimt«»  On  demand  3  per  cent, 


•  years. 


10  years.     May  1, 1881 


Amount  au- 
thoi'ized. 


Par. 


Sep.  1,  1875 


Amount  is 
sued. 


$42,539,350  00 


4  per  cent 


Par. 


Par. 


Par. 


75,000,000  00 


678,362  41 


$42,539,350  00 


Amount 
outstanding. 


$37,474,000  00 


85,160,000  00  5,000  00 


678.362  41 


500,000,000  0(1  200,000,000  00 


678,000  00 


315,800,750  01 


544  HISTORY  OF  FINANCES,  LOANS,  BONDS, 


Certificates  of  deposit., 


to  be  applied  to  the  redemption  of  outstanding  5-20s,  or 
to  be  exchanged  for  said  5-208  par  for  par.  Payment  of 
these  bonds,  when  due,  to  be  made  in  order  of  dates  and 
numbers,  beginning  with  each  class  last  dated  and 
numbered.  Interest  to  cease  at  the  end  of  three  months 
from  notice  of  intention  to  redeem.  The  act  of  January 
20, 1871,  (16  Statutes,  399,)  increases  the  amount  of  5  per 
cents  to  $500,000,000,  provided  the  total  amount  of  bonds 
issued  shall  not  exceed  the  amount  originally  author- 
ized, and  authorizes  the  interest  on  any  of  these  bonds 
to  be  paid  Quarterly.  ^  . 

The  act  of  June  8,  1872,  (17  Statutes,  336,)  authorizes  the 
deposit  of  United  States  notes  without  interest,  by 
banking  associations,  in  sums  not  less  than  ¥10,000,  and 
the  issue  of  certificates  therefor  in  denominations  of 
not  less  than  |5,000  ;  which  certificates  shall  be  payable 
on  demand,  in  United  States  notes,  at  the  place  where 
the  deposits  were  made.  It  provides  that  the  notes  so 
deposited  in  the  Treasury  shall  not  be  counted  as  a  part 
of  the  legal  reserve,  but  that  the  certificates  issued 
therefor  may  be  held  and  counted  by  the  national  banks 
as  part  of  their  legal  reserve,  and  may  be  accepted  lu 
the  settlement  of  clearing-house  balances  at  the  places 
where  the  deposits  therefor  were  made,  and  that  the 
United  States  notes  for  which  such  certificates  were 
issued,  or  other  United  States  notes  of  like  amount, 
shall  be  held  as  special  deposits  in  the  Treasury,  and 
used  only  for  the  redemption  of  such  certificates. 


LEGAL  TENDER  NOTES,  ETC.,  OF  THE  CENTURY.  545 


Length  of 
loan. 

When  re- 
deemable. 

Ratea  of 
interest. 

Price 

at 
which 
sold. 

Amount  au- 
thorized. 

Amount  is- 
sued. 

Amount 
outstanding. 

Indefinite. 

On  demand 

None. 

Par. 

No  limit. 

?137,675,00000 

$53,760,000  00 

2,251,690,468  43 

46 


St.  Louis  Pemocratic  Platform  of  1876. 


We,  the  delegates  of  the  Democratic  party  of  the  United  States,  in 
National  Convention  assembled,  do  hereby  declare  the  administration 
of  the  Federal  Grovernment  to  be  in  urgent  need  of  immediate  reform 
— do  hereby  enjoin  upon  the  nominees  of  this  Convention  and  of  the 
Democratic  party  in  each  state  a  zealous  effort  and  co-operation  to  this 
end,  and  do  hereby  appeal  to  our  fellow-citizens  of  every  former  polit- 
ical connection,  to  undertake  with  us  this  first  most  pressing  patriotic 
duty. 

For  the  Democracy  of  the  whole  country  we  do  hereby  reafBrm  our 
faith  in  the  permanence  of  the  Federal  Union,  our  devotion  to  the  Con- 
stitution of  the  United  States,  with  its  amendments,  universally  acceptei 
as  a  final  settlement  of  the  controversies  that  engendered  civil  war,  and 
do  here  record  our  steadfast  confidence  in  the  perpetuity  of  republican 
self-government. 

In  absolute  acquiescence  in  the  will  of  the  majority,  the  vital  princi- 
ple of  republics;  in  the  supremacy  of  the  civil  over  the  military  author- 
ity; in  the  total  separation  of  church  and  state,  for  the  sake  alike  of 
civil  and  religious  freedom;  in  the  equahty  of  all  citizens  before  just 
laws  of  their  own  enactment;  in  the  Uberty  of  individual  conduct,  un- 
vexed  by  sumptuary  laws;  in  the  faithful  education  of  the  rising 
generation,  that  they  may  preserve,  enjoy,  and  transmit  these  best 
conditions  of  human  happiness  and  hope,  we  behold  the  noblest  pro- 
ducts of  a  hundred  years  of  changeful  history.  But  while  upholding 
the  bond  of  our  Union,  and  the  great  charter  of  these  our  rights,  it 
behooves  a  free  people  to  practice  also  that  eternal  vigilance  whicii  is 
the  price  of  liberty. 

Reform  is  necessary  to  rebuild  and  establish  in  the  hearts  of  the  whole 
people,  the  Union  eleven  years  ago  happily  rescued  from  the  danger  of 
a  corrupt  centralism,  which,  after  inflicting  upon  ten  states  the  rapacity 
of  carpet-bag  tyrannies,  has  honey-combed  the  offices  of  the  Federal 
Government  itself  with  incapacity,  waste  and  fraud,  infected  states  and 
municipalities  with  the  con  agion  of  misrule,  and  locked  fast  the  pros- 
perity of  an  industrious  people  in  the  paralysis  of  hard  times.  Reform 
is  necessary  to  estabhsh  a  sound  currency,  restore  the  pubhc  credit,  and 
maintain  the  national  honor. 

We  denounce  the  failure  for  all  these  eleven  years  to  make  good  the 
promise  of  the  legal-tender  notes,  which  are  a  changing  standard  of 
value  in  the  hands  of  the  people,  and  the  non-payment  of  which  is  a 
disregard  of  the  plighted  faith  of  the  nation. 

We  denounce  the  improvidence  which,  in  eleven  years  of  peace,  has 
taken  from  the  people  in  Federal  taxes  thurteen  times  the  whole  amount 
of  the  legal  tender  notes,  and  squandered  four  times  this  sum  in  useless 
expense,  without  accumulating  any  reserve  for  their  redemption. 

We  denounce  the  financial  imbecihty  and  immorahty  of  that  party 
which,  during  eleven  years  of  peace,  has  made  no  advance  toward  re- 
sumption, no  preparation  for  resumption,  but  instead  has  obstructed 
resumption  by  wasting  our  resources  and  exhaustmg  all  our  surplus 

546 


DEMOCRATIC  PLATFOBM  OF  1876.  547 

7.^^^^-®?^"+^  ^  judicious  system  of  preparation  by  public  economies 
N^hS  JnnnH"""^'"'"^*!?  ^''^  ^i^^^^^'  wl/ch  Shall  Sle  he' 

Nation  soon  to  assure  the  whole  world  of  its  perfect  ability  and  its 

«v!  11  •  P^ypent.  We  believe  suf^h  a  system,  well  devised  and 
SmT.n^S  J^f^  competent  hands  for  execAtiSS^^c?eam?g  at  no 
time  an  artificial  scarcity  of  currency,  and  at  no  time  alarming  thfi 
^^^^Jf^'^^^'^^o  a.withdrs^walot  that  vaster  mach™ry  of  3 
^eftoVe'niS  tf-^""'^^''  transactions  are  performed,  a  ty  em 
darof  Vs  ado^HonhSL'f^r'''^  general  confidence,  would  from  the 
udy  or  lis  adoption  bring  healing  on  its  wings  to  all  our  harassed  in 
dustries,  set  m  motion  tlie  wheels  of  commerce,  manuf aSures  |S  the 
mechanical  arts;  restore  employment  to  labor,  and  reneT  in  aU  ts 
national  sources  the  prosperity  of  the  people. 

end  tha?  clnifaf'^/v' h?^  ^^^^^^  taxation,  to  the 

burdened.  ^  ^""^^  ^'^''"^  distrust,  and  labor  lightly 

^^"ounce  the  present  tariff,  levied  upon  nearly  four  thousand 

yiems  a  dwindling,  not  a  yearly  rising  revenue.  It  has  imnoverishpd 
many  industries  to  subsidize  a  few.  It  prohibits  .imSts  K  i^^^^^ 
purchase  the  products  of  American  labor^  It  has  dSded  irne^  fan 
commerce  from  the  first  to  an  inferior  rank  upon  the  Wgh  seas  It 
Slerd\£'rP?^?nfo^^  manulactures'^at  home  a&W,^ and 
Son,  i^pLii  '^?t^''^^'^^'^^^  agr  culture,  an  industry  followed  by 
+  P^OP^^-  It  costs  the  people  five  times  more  than  it  produces 

f?uHs%1'lE'1?^roti^  production,  and  wK  the 

iiuiib  or  laoor.  it  promotes  fraud,  fosters  smueeliiiff  enriohps  did 
honest  officials,  and  bankrupts  honest  merchZtT  We  deSSd  tS 
all  custom-house  taxation  shall  be  only  for  revenue         ^^^ana  that 

^L^i?'''  P^^  head  to  liiore  than  $18  per  head  '  Sin?e  the 

oKl^o^e^JiS?-  '^^-"'^^^P^^^ 

4?,^^  is  necessary  to  put  a  stop  to  the  profligate  waste  of  nubhc  lands 
ha.  .mi'J^^'T'/°^  ^'P.J^  ^^^^^1  settlers  by  tlie  party  in  power  w^^^ 
has  squandered  two  miUions  of  acres  on  one  railroad  alone  and  ont  of 

'^iri^^.^X^^^  has  disposed  of  lllrna^lM 

Sn&ttThipm  ^^^^  a/kindrSTacef  rSroslS^^^^^ 

brethren  of  th^  .1  American  citizenship,  and  have.«xposed  our 

thrsJn^P^rppt  .t,         ^    the  incursions  of  a  race  not  sprung  from 
^  great  parent  stock,  and  in  fact  now.  bv  law  doniPd  Htlypn 
ship  through  naturalization,  as  being  neither  "^cus&d  t^^^^^ 


548 


DEMOCRATIC  PLATFORM  OF  1876. 


tions  of  a  progressive  civiiization  nor  exercised  in  liberty  under  equal 
laws.  We  denounce  the  policy  which  thus  discards  the  liberty-loving 
German  and  tolerates  the  renewal  of  the  coolie  trade  in  Mongolian 
women  imported  for  immoral  purposes  and  Mongolian  men  held  to  per- 
form servile  labor  contracts,  and  demand  such  modification  of  the  treaty 
with  the  Chinese  Empire,  or  such  legislation  by  Congress,  within  con- 
stitutional limitation,  as  shall  prevent  the  further  importation  or  im- 
migration of  the  Mongolian  race. 

Beform  is  necessary,  and  can  never  be  effected  but  by  making  it  the 
controlling  issue  of  the  election,  and  lifting  it  above  the  two  false  issues 
with  which  the  office-holding  class  and  the  party  in  power  seek  to 
smother  it :  the  false  issue  with  which  they  would  enkindle  sectarian 
strife  in  respect  to  the  pubhc  schools,  of  which  the  establishment  and 
support  belong  exclusively  to  the  several  States,  and  which  the  Demo- 
cratic party  has  cherished  from  their  foundations,  and  is  resolved  to 
maintain  without  partiality  or  creed,  and  without  contributing  from 
the  treasury  to  any;  the  false  issue  by  which  they  seek  to  light  anew 
the  dying  embers  of  sectional  hate  between  kindred  people,  once  un- 
naturally estranged,  but  now  reunited  in  one  indivisible  republic  and  a 
common  destiny. 

Reform  is  necessary  in  the  civil  service.  Experience  proves  that 
efficient,  economical  conduct  of  the  governmental  business  is  not  possi- 
ble if  its  civil  service  be  subject  to  change  at  every  election,  and 
offices  be  a  prize  fought  for  at  the  ballot-box— be  a  brief  reward  of 
party  zeal  instead  of  posts  of  honor,  assigned  for  proved  competency, 
and  held  for  fideUty  in  the  pubhc  employ.  The  dispensing  of  patron- 
age should  neither  be  a  tax  upon  the  time  of  all  our  public  men,  nor  the 
instrument  of  their  ambition. "  Here  again,  professions  falsified  in  the 
performance  attest  that  the  party  in  power  can  work  out  no  practical 
or  salutary  reform. 

Reform  is  necessary  even  more  in  the  higher  grades  of  public  service 
—President,  Vice-President,  judges,  senators,  representatives,  cabinet 
officers.  These,  and  aU  others  in  authority,  are  the  people's  servants. 
Their  offices  are  not  a  private  perquisite.  They  are  a  public  trust. 
"When  it  appears  in  the  annals  of  the  public,  the  disgrace  and  censure 
of  a  Vice-President,  a  late  Speaker  of  the  House  of  Representatives 
marketing  his  rulings  as  a  presiding  officer,  three  Senators  profiting 
secretly  by  their  votes  as  law  makers,  five  chairmen  of  the  leading  com- 
mittees of  the  late  House  of  Representatives  exposed  in  jobbery,  a  late 
Secretary  of  the  Treasury  forcing  a  balance  in  the  public  accounts,  a  late 
Attorney-General  misappropriating  public  funds,  a  Secretary  of  the  Navy 
enriched  or  enriching  friends  by  percentages  levied  off  the  profits  of 
contractors  with  his  department,  an  embassador  to  England  censured 
in  a  dishonorable  speculation,  the  President's  private  secretary  barely 
escaping  conviction  upon  trial  for  guilty  comphcity  in  frauds  upon 
the  revenue,  a  Secretary  of  War  impeached  for  high  crimes  and  con- 
fessed misdemeanors— the  demonstration  is  complete  that  the  first 
step  in  reform  must  be  the  people's  choice  of  honest  men  from  another 
party,  lest  the  disease  of  one  political  organization  infect  the  body- 
politic,  and  lest,  by  making  no  change  of  men  or  party,  we  can  get  no 
change  of  measures  and  no  reform.  AU  these  abuses,  wrongs  and 
crimes,  the*product  of  sixteen  years'  ascendancy  of  the  Republican 
party,  create  a  necessity  for  reform,  confessed  by  Republicans  them- 
selves; but  their  reformers  are  voted  down  in  convention  and  dis- 
placed from  the  cabinet.  The  party's  mass  of  honest  voters  is  power- 


DEMOCEATIO  PLATFOBM  OF  1876.  549 

less  to  resist  the  80,000  office-holders,  its  leaders  and  guides.  Reform 
can  only  be  had  by  a  peaceful  civic  revolution. 

^We  demand  a  change  of  system,  a  change  of  administration,  a  change 
or  parties,  that  we  may  have  a  change  of  members  and  of  men. 

Eesolxed,  That  this  convention,  representmg  the  Democratic  party 
of  the  States,  do  cordially  mdorse  the  action  of  the  present  House  of 
Kepresentatives,  in  reducuag  and  curtailing  the  expenses  of  the  Federal 
Crovernment,  m  cutting  down  salaries,  extravagant  appropriations,  and 
in  abohshmg  useless  offices  and  places  not  required  by  the  public  neces- 
^ties,  and  we  shaU  trust  to  the  firmness  of  the  Democratic  members  of  the 
Mouse  that  no  committee  of  conference  and  no  mismtefpretation  of  the 
rules  will  be  allowed  to  defeat  these  wholesome  measures  of  economy 
demanded  by  the  country.  ' 

Resolved,  That  the  soldiers  and  sailors  of  the  Eepubhc,  and  the 
widows  and  orphans  of  those  who  have  faUen  m  battle,  have  a  just 
claim  on  the  care,  protection  and  gratitude  of  their  f ellow-citizena. 


Cincinnati  Eepublican  Platform  of  1876. 


"When  in  the  economy  of  Providence  this  land  was  to  be  purged  of 
human  slavery,  and  when  the  strength  of  the  government  of  the  peo- 
ple, for  the  people,  was  to  be  demonstratedj  the  Republican  party  came 
into  power.  Its  deeds  have  passed  into  history,  and  we  look  back  to 
them  with  pride  incited  by  their  memories  and  high  aims  for  the  good 
of  our  country  and  mankind;  and  looking  to  the  future  with  unfalter- 
ing courage,  hope,  and  purpose,  we,  the  representatives  of  the  party,  in 
National  Convention  assembled,  make  the  following  declaration  of 
principles : 

1.  The  United  States  of  America  is  a  nation,  not  a  league.  By  the 
combined  workings  of  the  National  and  State  governments  under  their 
respective  constitutions,  the  rights  of  every  citizen  are  secured  at  home 
and  protected  abroad,  and  the  common  welfare  promoted. 

2.  The  Republican  party  has  preserved  those  governments  to  the 
one-hundredth  anniversary  of  the  Nation's  birth,  and  they  are  now  the 
embodiments  of  the  great  truths  spoken  at  its  cradle,  that  all  men  are 
created  equal ;  that  they  are  endowed  by  their  Creator  with  certain 
inalienable  rights,  among  which  are  life,  liberty,  and  the  pursuit  of 
happiness;  that  for  the  attainment  of  these  ends  governments  have 
been  instituted  among  men,  deriving  their  just  powers  from  the  con- 
sent of  the  governed.  Until  these  truths  are  cheerfully  obeyed,  or,  if 
needed  to  be,  vigorously  enforced,  the  work  of  the  Republican  party  is 
unfinished. 

3.  The  permanent  pacification  of  the  Southern  section  of  the  Union, 
and  the  complete  protection  of  all  its  citizens  in  the  free  enjoyment  of 
all  their  rights  and  duties,  to  which  the  Republican  party  stands 
sacredly  pledged.  The  power  to  provide  for  the  enforcement  of  the 
principles  embodied  in  the  recent  constitutional  amendments  is  vested 
by  those  amendments  in  the  Congress  of  the  United  States,  and  wo 
declare  it  to  be  the  solemn  obligation  of  the  legislative  and  executive 
departments  of  the  government  to  put  into  immediate  and  vigorous 
force  all  these  constitutional  powers  for  removing  any  just  causes  of 
discontent  on  the  part  of  any  class,  and  for  securing  to  every  American 
citizen  complete  liberty  and  exact  equaUty  in  the  exercise  of  all  civil, 
political,  and  public  rights.  To  this  end  we  imperatively  demand  a. 
Congress  and  a  Chief  Executive  whose  courage  and  fidelity  to  these 
duties  shall  not  falter  until  these  results  are  placed  beyond  dispute  or 
recall. 

4.  In  the  first  act  of  Congress  signed  by  President  Grrant,  the  National 
Government  assumed  to  remove  any  doubts  of  its  purpose  to  discharge 
all  just  obligations  to  the  public  creditors,  and  solemnly  pledged  its 
faith  to  make  provision,  at  the  earliest  practicable  moment,  for  the  re- 
demption of  the  United  States  notes  in  coin.  Commercial  prosperity, 
public  morals,  and  national  credit  demand  that  this  promise  be  fulfilled 
by  a  continuous  and  steady  progress  to  specie  payment. 

Under  the  constitution  the  President  and  heads  of  departments 
are  to  make  nominations  for  office,  the  Senate  is  to  advise  and  consent 

650 


REPUBLICAN  PLATPOBM  OF  1876.  551 

to  appointments,  and  the  House  of  Representatives  is  to  accuse  and 
^'Zfl^  fafiless  officers.  The  best  interests  of  the  pubhc  service  de- 
mand that  these  distmctions  be  respected;  that  Senators  and  Repre- 
n^i\^^J?f  ^rrl  judges  and  accusers  should  not  dictate  appoint- 
nienis  to  office  The  mvariable  rule  for  appointments  should  have  re- 
ference to.  the  honesty,  Mehty  and  capacity  of  tlie  appointees,  giWng  to 
the  party  m  power  those  places  where  harmony  and  vigor  o  admSis- 
tration  requu'e  its  pohcy  to  be  respected,  but  permitting^all  others  o  be 
mied  by  persons  selected  with  sole  reference  to  the  efficiency  of  the 
pubhc  service  and  the  right  of  all  citizens  to  share  in  the  honor  of 
rendering  faithful  service  to  their  country. 

,.^^5.^^  W^-^^^'^  in  the  quickened  conscience  of  the  people  concerning 
political  affairs,  and  wiU  hold  all  public  officers  to  a  rigid  responsibiJitf 
and  . engage  that  the  prosecution  and  punishment  of  all  S  betmy 
official  trusts  shall  be  speedy,  thorough,  and  unsparing.  ^ 
7.  The  public  school  system  of  the  several  States  is  the  bulwark  of 
the  American  Republic,  and  with  a  view  to  its  security  and  perZnen?e 
Sri  irldTi^'fif  ^  amendment  to  the  Constitution  of  the  uS  States 
forbidding  the  application  of  any  public  funds  or  property  for  the  benS 
fit  of  any  schools  or  institutions  under  sectarian  control 
f^ii;  i^<^cessary  for  curreiit  expenditures  and  the  obliga- 

tions of  the  public  debt  must  be  largely  derived  from  duSes  unon 
importations,  which,  so  far  as  possible,  should  be  adjuS  to  pr^^^^^ 
the  interest  of  American  labor  and  adiance  the  prosperTofth^e  whole 

9.  We  reaffirm  our  opposition  to  further  grants  of  the  public  lands 
l>rrSX?  ?;je%t"pr^^^*  Nati&S 

afforded  to  the  adopted  American  citizen  that  is  given  to  tl^^  r^^^^^^ 
born,  and  that  all  necessary  laws  should  be  passed  to  prXct  emiS^^ 
m  the  absence  ot  . power  in  the  States  for  that  purpose  emigrants 
}}  +if  -^^  immediate  duty  of  Congress  to  fully  investigate  the 

adilnc»rS 

women  the  many  important  amendments  affirmed  by  the  Remb^^^^^^ 
lations  of  wives,  mothers,  and  widows,  and  by  the  annoin  mp^f  arid 
election  of  women  to  the  superintendencles  of  educat?o^n  charities  aSd 
other  pubhc  trusts.  The  honest  demands  of  thirS  of  dS^^ 
?es^ S  S&T'^^^^  — shouK'tr^STwIS 
thfTer»  P-rov 


552  EEPUBLICAN  PLATFOBM  OF  1876. 

15  We  sincerely  deprecate  aU  sectional  feelings  and  tendencies.  We 
therefore  note  with  deep  solicitude  that  the  Democratic  party  counts 
asTts  chief  feature  of  success  upon  the  electoral  vote  of  a  united  South 
thiwffh  the  efforts  of  those  who  were  recently  arrayed  against  the 
iStiof,  aJid  we  mvoke  the  earnest  attention  of  the  country  to  the  grave 
trS  that  a  success  thus  achieved,  would  reopen  sectional  strife,  and 
imneril  the  national  honor  and  human  rights.  .  .  , 

1^  We  charge  the  Democratic  party  as  being  the  same  m  character 
and  spirit  as  when  it  sympathized  with  treason,  with  making  its  control 
Ke  House  of  Representatives  the  triumph  fi^d  opportunity  of  t^^^ 
Nation^recentfoes;  withreassertmg  and  applauding  m  the  National 
S  tol  the  sentiments  of  unrepented  rebelhon;  wife  sen  Jng  Un^^^^ 
soldiers  to  the  rear,  and  promoting  Confederate  s^^^^^^ 
with  deliberately  proposmg  to  repudiate  the  plighted  laim  oi  me 
SrnmentTwith  being  equally  false  and  imbecile  upon  the  over- 
SSg  to^^  question;  with  thwarting  the  ends  of  justice  by 
iTSsfn  mismanagement  and  obstruction  of  mvestigation:  wife 
proStse^^^^^  period  of  its  ascendancy  m  the  lower  House 

of  cSss  utterly  i^^^  to  administer  the  government.  We 

warn  tfe  country  against  trusting  a  party  thus  able  unworthy,  re- 

"^TVhe^Sn^^  Administration  merits  C9m^^^ 
able  work  in  the  management  of  domestic  and  foreign  affairs,  a^d 
President  Grant  deserve?  the  contmued  and  hearty  gratitude  of  the 
American  people  for  his  patriotism  and  his  immense  service  m  war  and 
in  peace. 


